UPSC MainsGeneral Studies Paper IConstitutionPractice question

Reforming the Present Indian Constitution

What changes would you make in the Present Indian Constitution?

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How to approach

Introduce the Indian Constitution as a living document requiring periodic adaptation while respecting the Basic Structure. Discuss structural reforms across federalism, electoral processes, and fundamental rights with concrete constitutional provisions, committee reports, and judicial precedents. Conclude with a forward-looking statement on constitutional dynamism and institutional balance.

Model answer

292 words

Introduction

The Indian Constitution is fundamentally a living, adaptable document designed to evolve alongside socioeconomic and political transformations. However, contemporary governance bottlenecks, federal friction, and technological shifts warrant targeted constitutional amendments to address structural deficits while upholding the inviolable Basic Structure.

1. Strengthening Federalism and Reforming the Governor’s Office

  • Timeframes under Article 200 and 201: Introduce a mandatory three-month time limit for Governors to grant assent or return state legislation, addressing arbitrary delays and the indefinite exercise of a pocket veto as highlighted in State of Tamil Nadu v. Governor (2024).
  • Appointment and Removal Mechanisms: Codify the recommendations of the Punchhi Commission to involve the Inter-State Council in gubernatorial appointments and prescribe structured impeachment proceedings rather than arbitrary removal under the pleasure doctrine.

2. Enhancing Electoral Integrity and Federal Representation

  • Revising the Tenth Schedule: Transfer the adjudication of anti-defection petitions from the partisan office of the Speaker to an independent quasi-judicial body or the Election Commission of India, aligning with the Dinesh Goswami Committee recommendations.
  • Equitable Delimitation Formula (Article 82): As the constitutional freeze on seat distribution concludes post-2026, devise a federal balancing formula that safeguards the democratic representation of states that successfully achieved population stabilization.

3. Modernizing Fundamental Rights (Part III)

  • Environmental Constitutionalism: Explicitly incorporate the right against the adverse effects of climate change within the ambit of Article 21, anchoring the jurisprudence established in M.K. Ranjitsinh v. Union of India (2024).
  • Digital Rights and Privacy: Formally enshrine digital informational privacy and protection against algorithmic surveillance under Part III, reinforcing statutory provisions like the Digital Personal Data Protection Act, 2023.

Conclusion

Targeted constitutional reforms across federal functioning, electoral integrity, and expanding rights frameworks ensure that constitutional machinery remains resilient against 21st-century technological and democratic challenges, strengthening constitutionalism without disrupting foundational values.

Key facts to remember

case study
M.K. Ranjitsinh v. Union of India (2024)

The Supreme Court recognized an explicit constitutional right of citizens to be free from the adverse impacts of climate change under Articles 14 and 21.

case study
State of Tamil Nadu v. Governor (2024)

The Supreme Court observed that Governors cannot withhold assent to state bills indefinitely without returning them to the legislature, addressing the issue of pocket veto delays.

scheme
Punchhi Commission Recommendations (2010)

The commission proposed reforming the Governor's office by involving state chief ministers and the Inter-State Council in appointments, as well as establishing an impeachment mechanism for removal.

Frequently asked questions

Why is the Tenth Schedule often targeted for reform?

The Tenth Schedule places the power to disqualify legislators with the Speaker, whose political affiliations often lead to accusations of bias or deliberate procedural delays during floor tests.