What do you understand by the term 'Constitutional Conventions' ? Are they are relevant in a country like India having a lengthy written constitution with preamble ?

What are Constitutional Conventions?

Constitutional conventions are essentially “rules of the game” that are not formally enshrined in law but are accepted as binding due to long-standing practices and traditions. They arise from the interaction between the constitution and political actors. Key characteristics include:

• Not legally enforceable: Courts cannot directly enforce them. Their violation results in political, not legal, sanctions.
• Based on established practice: They evolve over time through consistent adherence by constitutional actors.
• Considered binding: Those who hold constitutional office are expected to respect and follow them.
• Serve as a bridge: They often bridge the gap between the rigid framework of the constitution and the practical realities of governance.

Historical Context and Evolution

The concept of constitutional conventions is deeply rooted in the British parliamentary system, where the unwritten constitution relies heavily on these uncodified rules. Some key examples from the UK include:

• Royal Assent: The monarch’s power to veto legislation has become a convention of automatic assent.
• Prime Minister’s Selection: The leader of the party commanding a majority in the House of Commons is conventionally appointed as Prime Minister.
• Cabinet Responsibility: The principle that the executive branch is accountable to the legislature.

These conventions arose to fill the gaps in the unwritten constitution and ensure its smooth functioning. They provide flexibility and adaptability that a rigid written document might lack.

Relevance in India: A Complex Picture

India, with its detailed written constitution, presents a different scenario. The Constitution meticulously outlines the powers and functions of various institutions. However, constitutional conventions do play a role, although their application is debated.

Arguments for Relevance

• Filling Gaps and Providing Flexibility: Despite the detailed constitution, certain situations require unwritten guidelines. For instance, the process of selecting a leader of the opposition, though not explicitly mentioned, is governed by convention.
• Maintaining Constitutional Morality: Conventions reinforce the spirit of the constitution and ensure that constitutional actors act in accordance with its underlying principles, even when the letter of the law is silent.
• Promoting Good Governance: They can contribute to a more efficient and responsive government by facilitating cooperation and consensus among different branches of government. The “Committees of Parliament” work on conventions for their functioning.

Arguments Against Relevance

• Potential for Abuse: Conventions can be manipulated to serve partisan interests if not widely accepted and respected.
• Conflict with Constitutional Provisions: They could potentially contradict or undermine the explicit provisions of the Constitution.
• Lack of Clarity and Certainty: The unwritten nature of conventions can lead to ambiguity and disputes.

Specific Examples in India

• Appointment of Cabinet Ministers: While the Constitution allows the President to appoint Ministers, convention dictates that they must be members of Parliament.
• Resignation of a Prime Minister: A Prime Minister who loses the confidence of the Lok Sabha is expected to resign, a convention not explicitly mandated by the Constitution.
• Addressing the Nation by the President: The President conventionally addresses the nation on Republic Day and Independence Day.

The Supreme Court has acknowledged the existence of constitutional conventions, but has been cautious in interpreting them. In Inder Sai Singh v. Election Commission of India (1996), the Court recognized the convention regarding the appointment of the leader of the opposition.

Challenges and Future Considerations

The rise of coalition governments, increasing political polarization, and the growing influence of judicial activism pose challenges to the continued relevance of constitutional conventions in India. There's a risk that conventions might be disregarded or selectively applied, leading to instability and undermining the rule of law.

A balance must be struck between the rigidity of the written constitution and the flexibility of constitutional conventions. Strengthening constitutional morality and promoting a culture of respect for established norms are crucial for preserving the integrity of the Indian constitutional system.

Feature	Constitutional Laws	Constitutional Conventions
Source	Enacted by Legislature	Emerge from practice & tradition
Enforceability	Legally enforceable	Not legally enforceable, but politically binding
Formal vs. Informal	Formal, codified	Informal, unwritten
Change	Requires legislative action	Evolve over time through practice

In conclusion, while India’s lengthy written constitution and preamble initially suggest limited space for constitutional conventions, they remain relevant in providing flexibility, reinforcing constitutional morality, and facilitating good governance. However, their application must be carefully considered to avoid conflicts with constitutional provisions and to prevent manipulation. Strengthening constitutional values and fostering a culture of respect for established practices are essential for ensuring the continued vitality and stability of the Indian constitutional framework. The judiciary must continue to exercise caution and discernment when dealing with matters involving constitutional conventions, safeguarding the balance between codified law and unwritten norms.