Indian Constitution Needs Change

 

Constitution of India-Needs Change

B. Yerram Raju

26^th November happens to gain importance because it has been declared as National Constituent Assembly Day. Ambedkar committee handed over the Constitution of India to be applied to Indian Union from January 26, 1947. This is also perhaps the day when it has to be re-written.

       PM Modi repeatedly mentions ‘Atma Nirbhar Bharat’(Self-reliant India) and ‘Viksit Bharat’(Developed India) and most of the Indian citizens swear by it by 2047. SBI Latest research report puts the growth rate of India at 7.5%. While the RBI’s monitory policy, September 2025 puts it at 7%, the fastest in the world. PM Modi re-emphasized in the latest G-20 summit in South Africa that governance and technology are the two issues that would shape the rest of the world. But will it be possible with a constitution of India that has 106 amendments and 75years of survival. It is time to walk the talk.

              Perhaps we end up with a negative answer. India needs a new constitution but with its preamble of Ambedkar intact.

     New constitution should have the following tenets:

1. Every MLC & MLA and every MP of both Lok Sabha and Rajya Sabha need to be defined. The Election Commission of India(EC) should not grant ticket to any person who is in jail for whatever period in the name of ‘Freedom’.
2. Article 11 and 12 of the existing constitution should be re-written defining a ‘Public citizen’.
3. All the amendments (106) should be in a separate schedule.
4. A high level committee of twelve or fourteen  members should be constituted with the PM chairing it. Three members each should be drawn from the current independent arms of the Constitution: Legislature, Executive and Judiciary( they can be retired). There should be at least two private citizens of eminence. This committee (High level committee )should have 9 months’ time.
5. The draft New Constitution must be circulated for comments by every citizen within a month’s time.
6. The new draft must preserve and protect all the good tenets of Democracy , Legislature, Executive and Judiciary.
7. Judiciary reforms beg no delay. The law should be uniform across all courts.
8. Each law should be subject to ‘Regulatory Impact Assessment’ and the concerned Union Minister should table it in the first session of the Parliament.
9. During the past ten years several archaic British laws are amended/altered. Negotiable Instruments Act, 1883 should also be amended.
10. The following should have independent status away from the Parliament.

(i)                      RBI & Monetary Policy Committee.

(ii)                    Election Commission of India.

(iii)                 Controller and Auditor General.

(iv)                 Finance Commission.

11. The parties concerned must announce the budget for bonanzes for five years ahead of the polls.

Policies:

Policies should be subject to the New Constitution.

1. Industrial Policy
2. Manufacturing Policy
3. Irrigation Policy
4. Water Policy
5. Agricultural Policy
6. Employment Policy
7.  Education and Health Policies
8. Competition Policy and
9. Technology Policy
10. Energy Policy.

The concerned Union Minister must table it in the Parliament.

Kubinder Singh Sathe’s article in ‘Money Life’ of 24, Nov 2025 should be taken into account consideration while writing the New Constitution.

 

Conclusion: The New Constitution should be supreme and federal in character. The ‘Centrality’ defines dictatorship and should be avoided. 75 years, various supreme court Judgements , and 106 amendments are enough reasons for the draft New Constitution.

 

 

 

 

 

Democracy is in peril - Save Democracies

 Indian Express today carried a banner story with the title: "When history is rewritten, US Courts many be singled out for protecting national elections. Capitol Hill was put to flames and the whole of US should have been in rage. But there are a section of Republicans insisting on the reversal of election process with Trump hegemony to continue. 

There are an estimated 33mn expatriots and several Indians among them serving in the most reputed IT firms either with \US base or with India base. Their voice should also be heard. 

India stands out with the Supreme Court readying to deliver its judgment today on the Farmers' agitation against the three Farm Laws. Most protestors are from the three States of Punjab, Haryana, and Uttar Pradesh in the lead and some vested interests joining them. While it is true that the Acts have come into being without the expressed consent of the State Governments ruled by non-NDA States, there are a few silent supporters to these farm laws. 

Politics of India are dominated by the elitist farmers who were able to exploit the small and marginal farmers and vested interests ruling the Agricultural Market Yards in the States. They now throw the blame on these Acts as capitalistic and in support of capitalists and contract farmers. 

Contract farming is in vogue for the past two decades in one form or other. Organized Retail markets only enhanced their presence but to the absolute advantage of both the farmers, Collective farm organizations, and the customers of farm products. Today will be the historic day when the highest Court would decide their fate.

This apart, there are many a legislation like the one relating to universal identification through Aadhar Card identification that would also see the judgment today.

 "Public Perceptions: Public perceptions play an important role in policy formulation and implementation. In a 2014 report by Oxfam International titled Working for the Few polling from across the world captures the belief of many that laws and regulations are now de-signed to benefit the rich. A survey in six countries (Spain, Brazil, India, South Africa, the UK, and the US) showed that a majority of the people believe that laws are skewed in favor of the rich. Public expectations and perceptions, therefore, need to be considered seriously in public policy management in a democratic set-up.

 

Free Speech: This has been one of the key tests of democracy. After the social media platforms started giving expression to the free speech, governments in different parts of the world, without India as exception, started controlling it. Interestingly the Economist in its issue dated October 24, 2020 reported: “Our cover this week is about the rules of free speech in the era of social media. As online outrage mounts, pressure is growing to restrict ever more material. The big tech firms’ shifting attempts to clean up their platforms mean that a handful of unelected executives are determining the boundaries of what people can say: Is that good for society?" (Excerpt from my Autobiography: "Roots to Fruits, Part 2 Chapter 3, Development, Democracy, and Development with Human Development Focus").

Both Public perception and Free Speech are crucial elements of Constitutional Democracies. This does not imply that outrage and destruction are part of such expressions leading to tremendous waste of public resources at the will of the people. It is time that people who are against such outrage should have a free voice against them.