“Constitutionalism is the foundation of the administrative edifice in India.” Discuss.

Constitutionalism: Core Principles

Constitutionalism isn’t simply having a constitution; it’s about adhering to its spirit and principles. Key tenets include:

• Limited Government: Governmental power is not absolute but restricted by constitutional provisions.
• Rule of Law: Everyone, including those in power, is subject to the law.
• Separation of Powers: Dividing governmental authority among the legislature, executive, and judiciary.
• Judicial Review: The judiciary’s power to examine the constitutionality of laws and executive actions.
• Protection of Fundamental Rights: Guaranteeing basic rights to citizens, enforceable by courts.
• Accountability and Transparency: Ensuring public officials are answerable for their actions and decisions.

Manifestation in the Indian Administrative System

The Indian administrative system is deeply interwoven with constitutional principles. Several provisions demonstrate this:

• Article 312 – All India Services: While granting flexibility in administration, these services are still accountable to constitutional principles.
• Fundamental Rights (Part III): Administrative actions must be consistent with these rights. For example, any land acquisition must adhere to Article 300A (right to property) and provide fair compensation.
• Directive Principles of State Policy (Part IV): Though not enforceable by courts, these principles guide administrative policy-making, promoting social and economic justice.
• Judicial Review: The Supreme Court and High Courts actively review administrative actions, striking down those that violate constitutional provisions. The Kesavananda Bharati v. State of Kerala (1973) case established the ‘basic structure’ doctrine, limiting Parliament’s power to amend the Constitution and impacting administrative law.
• Right to Information Act, 2005: Promotes transparency and accountability in administration, enabling citizens to scrutinize government actions.
• Central Vigilance Commission (CVC): Established in 1964, it oversees the integrity of administrative processes and investigates corruption.

Challenges to Constitutionalism in Administration

Despite the strong constitutional framework, challenges persist:

• Administrative Discretion: Excessive discretion can lead to arbitrariness and potential abuse of power.
• Political Interference: Undue political influence can compromise administrative neutrality and objectivity.
• Corruption: Widespread corruption erodes public trust and undermines the rule of law. According to Transparency International’s Corruption Perception Index 2023, India ranked 93 out of 180 countries.
• Delays in Justice: Prolonged legal battles hinder effective enforcement of constitutional rights.
• Lack of Capacity: Insufficient training and resources can limit the ability of administrators to uphold constitutional values.

Strengthening Constitutionalism

To reinforce constitutionalism in administration, the following steps are crucial:

• Strengthening Accountability Mechanisms: Enhancing the effectiveness of institutions like the CVC and Lokpal.
• Promoting Ethical Governance: Implementing robust ethics codes and training programs for civil servants.
• Reducing Discretion: Streamlining administrative processes and minimizing opportunities for arbitrary decision-making.
• Judicial Reforms: Addressing the backlog of cases and improving the efficiency of the judicial system.
• Citizen Empowerment: Promoting greater citizen participation in governance and ensuring access to information.