National Commission to Review the Working of the Constitution (NCRWC)

Introduction

Imagine India in the year 2000. The Constitution had been operating for about 50 years. During this time, the world had changed massively—technology, politics, economy, society, everything was evolving. The Government of India felt the need to sit down and introspect:

“Is our Constitution working the way we intended?
Are our institutions functioning effectively?
Do we need reforms so that Indian democracy remains strong and future-ready?”

To answer these questions, the Government set up a high-level body:

⭐ What was NCRWC?

The National Commission to Review the Working of the Constitution (NCRWC) was created by a Government resolution in 2000.

It had:

• 11 members
• Headed by M.N. Venkatachaliah, former Chief Justice of India
• Submitted its report in 2002

Think of it as a committee of some of India’s finest minds who sat together and analysed:
“Is the Constitution functioning as intended, and how can we improve governance without disturbing the core philosophy?”

⭐ Terms of Reference (What was the Commission asked to do?)

The Commission was asked to review:

• How well the Constitution had served India over 50 years
• Whether its provisions were adequate for:
  • Efficient administration
  • Smooth governance
  • Social and economic development

But the most important condition was this:

They could NOT touch the “basic structure” of the Constitution.

This means they could suggest reforms, but they could not recommend anything that altered essential principles like:

• Parliamentary democracy
• Federalism
• Secularism
• Rule of law
• Judicial review
• Basic rights of citizens

Thus, NCRWC’s job was reform, not rewriting.

The Commission itself clarified:

• “We are here to review, not rewrite, the Constitution.”
• Recommendations were advisory, not binding.
• Parliament was free to accept or reject them.

⭐ What areas did NCRWC study? (11 Key Areas)

The Commission didn’t receive a pre-decided list of issues. Instead, after considering the national situation, it selected eleven broad topics:

1. Strengthening parliamentary democracy
How to improve working of Legislature, Executive, Judiciary
And how to reduce instability in governments.

2. Electoral reforms
To improve political standards and restore public trust.

3. Socio-economic development
Are we ensuring social and economic rights fairly and quickly?

4. Education, employment, social security, poverty alleviation

5. Union–State relations
Centre–State coordination and federal balance.

6. Decentralisation
Strengthening Panchayati Raj Institutions.

7. Enlargement of Fundamental Rights

8. Making Fundamental Duties more meaningful

9. Implementing Directive Principles more effectively

10. Oversight over fiscal and monetary policies
Including public audit systems.

11. Improving administration and ethical standards in public life

⭐ Major Areas of Concern Identified by the Commission

This is the heart of the report. The NCRWC diagnosed the real problems troubling Indian governance. Let’s break them down one by one—clearly and simply.

1. Erosion of “Constitutional faith”

The Commission felt that:

• Governments often forget they are servants of the people.
• The dignity of individuals—promised in the Constitution—remains unfulfilled.
• Citizens are losing trust because governance appears directionless.

This is a crisis of credibility.

2. Inability of the State to respond to global changes

Scientific and technological revolutions require governments to be agile.
But the Indian State often reacts slowly and inadequately.

3. Alarming fiscal deficits and high cost of governance

Government spending is rising, but without matching improvements in services or efficiency.

4. Decay in political culture

This is a major concern:

• Criminalisation of politics
• Corruption
• Nexus between politician–criminal–bureaucrat

These trends threaten democracy itself

5. Weak national security mechanisms

Problems identified:

• Poor disaster management
• No system for early detection of social unrest
• Administration functioning like disconnected departments with overlapping responsibilities

This leads to slow, confused responses.

6. Stress in functioning of parliamentary democracy

Even though democracy is deepening (especially after 73rd and 74th Amendments), institutions like Parliament are facing serious weaknesses that could harm democratic values.

7. Misuse of the electoral process

The system fails to prevent individuals with criminal records from becoming lawmakers.

8. Legislatures lack true representativeness

Due to flaws in the electoral system, Parliament and State Assemblies do not fully represent society’s diversity.

9. Instability of governments

After 1989, political instability increased sharply:

• 5 Lok Sabha elections in 13 years
• High economic and administrative costs
• Frequent government changes disrupt long-term governance

10. Serious economic challenges

India faces:

• Rising debt
• Corruption
• Growth of black money
• Parallel economy
• Crime syndicates gaining power

NCRWC warns that these forces may one day challenge the legitimate state.

11. Rural depopulation and urban congestion

Migration is rising due to lack of rural opportunities, causing:

• Urban overcrowding
• Unemployment
• Social unrest

12. Education and research in decline

In an era where knowledge drives prosperity, India is falling behind—what the Commission describes as “educational disarmament.”

13. Collapse of justice delivery and criminal justice system

Identified problems:

• Delays
• High litigation costs
• Poor investigation and prosecution
• Weak witness protection
• Need for more mediation and arbitration

In short: justice is too slow, too costly, and too unreliable.

14. Communal and inter-group conflicts

Riots are not just law-and-order problems but symptoms of deeper social tensions.
Minority insecurity needs serious attention.

15. Very weak social infrastructure

Particularly:

• Education
• Health
• Child welfare
• Maternal and infant mortality
• Malnutrition

Most of the education budget goes into salaries, not quality improvements.

16. Public health crises

Rising diseases like TB, malaria, hepatitis, HIV show that public health systems are far from adequate.

⭐ Recommendations

Quick snapshot

• Total recommendations: 249
  • 58 required Constitutional amendments
  • 86 required legislative measures
  • 105 could be done by executive action
• The recommendations are wide-ranging — rights, institutions, electoral reform, Centre–State relations, judiciary, administration, decentralisation, North-East, etc.

1. Fundamental Rights — strengthen & enlarge

Key proposals:

• Broaden non-discrimination in Articles 15, 16 to include ethnic/social origin, political opinion, property, birth.
• Expand Article 19 explicitly to protect freedom of the press and other media; freedom to hold and share opinions and information.
• Add new Fundamental Rights (examples):
  • Right against torture; right to compensation for unlawful deprivation of life/liberty; right to privacy and family life; right to access courts and speedy justice; right to rural wage employment (80 days/yr); right to safe drinking water and sustainable development.
• Enlarge Article 21-A (Right to Education): free education up to 14 years; extend to 18 years for girls and SC/ST.
• Tighten preventive detention (Article 22): max 6 months; advisory board of serving High Court judges.
• Treat Sikhism, Jainism, Buddhism separately from the legal definition of ‘Hindu’ (Article 25).
• Restrict protection under Article 31-B/Ninth Schedule to laws on agrarian reform, reservations, and certain Directive Principles.
• During national emergency, no suspension of enforcement of several fundamental rights (propose protections for Articles 17, 23, 24, 25, 32).

Why it matters: This set tries to convert socio-economic entitlements and modern rights (privacy, environment, speedy trial) into enforceable constitutional guarantees — a big shift toward rights as enforceable claims.

2. Right to Property (Article 300-A)

Proposed recast:

• Deprivation/acquisition only by authority of law and for public purpose.
• No arbitrary deprivation.
• Special safeguard: agricultural/forest/ non-urban homestead land of SCs/STs not to be acquired without suitable rehabilitation.

Why it matters: Balances state’s power to acquire land with protection for vulnerable communities.

3. Directive Principles (Part IV)

Highlights:

• Rename Part IV to Directive Principles of State Policy and Action.
• Add a Directive Principle on population control.
• Create an independent National Education Commission every five years.
• Set up bodies to review implementation of Directive Principles and prepare strategic employment plans.
• Implement National Statistical Commission recommendations.

Why it matters: A push to make Directive Principles more actionable and less rhetorical.

4. Fundamental Duties (Article 51-A)

Recommendations:

• Popularise and operationalise duties (followJustice Verma Committee).
• Add duties: duty to vote, participate in democracy, pay taxes; promote family values and responsible parenthood; industrial duty to educate employees’ children.

Why it matters: Seeks to create a civic culture to complement rights.

5. Parliament & State Legislatures

Major reforms:

• Define and limit privileges of legislators; exclude corrupt acts from privilege immunity.
• Maintain state domicile requirement for Rajya Sabha candidates.
• Abolish MP Local Area Development Scheme.
• Empower Election Commission to identify offices of profit.
• Create: Nodal Standing Committee on National Economy, Standing Constitution Committee (two Houses) for pre-scrutiny of constitutional amendments, and a Legislation Committee for planning laws.
• Parliamentary sittings minimum: Lok Sabha 120 days, Rajya Sabha 100 days; State Legislatures: 50–90 days depending on size.
• Introduce parliamentary ombudsman for scrutiny.

Why it matters: Improve accountability, legislative planning, and the quality/representativeness of law-making.

6. Executive & Administration

Key proposals:

• In hung Parliaments, Lok Sabha may elect leader of the House who becomes PM; constructive vote of no confidence required (must propose alternate leader simultaneously).
• Raise thresholds for no-confidence motions (e.g., 20% members to give notice).
• Cap Council of Ministers at 10% of house strength; limit political offices (max 2%).
• Constitutionally provide for Lokpal (PM outside its purview) and lokayuktas in states.
• Allow lateral entry into senior government posts (above Joint Secretary).
• Amend Article 311: protect honest servants, penalise dishonest ones.
• Create autonomous Civil Service Boards for personnel decisions.
• Oath for officials to follow good governance; replace secrecy with oath of transparency.
• Enact Whistle-blower (Public Interest Disclosure) laws and benami forfeiture laws.

Why it matters: Targets corruption, politicisation of administration, and seeks professionalisation and transparency in governance.

7. Centre–State & Inter-State Relations

Selected measures:

• Clarify Inter-State Council consultations.
• Put disaster management in Concurrent List (List III).
• Create Inter-State Trade & Commerce Commission.
• President appoints Governors after consultation with Chief Minister.
• Article 356: retain but use sparingly; test confidence only on the floor; time limits on President’s assent to reserved bills.
• River water disputes to be heard by multi-judge Supreme Court benches; replace River Boards Act with comprehensive law.

Why it matters: Attempts to restore federal balance and curb misuse of Governor/President’s Rule.

8. Judiciary

Core suggestions:

• Establish a National Judicial Commission for Supreme Court appointments (CJI + 2 senior SC judges + Union Law Minister + one President nominee).
• Committee of the Commission to examine complaints against judges.
• Raise retirement ages: High Court to 65, Supreme Court to 68.
• Contempt powers limited to SC & High Courts.
• Limit power to declare laws ultra vires to SC and High Courts.
• National and State Judicial Councils for planning and budgets.
• Aim: judgments delivered within 90 days of conclusion; no case pending more than 1 year; strategic plans to clear arrears.
• Introduce plea-bargaining for decriminalisation; reduce subordinate judiciary to two tiers under High Courts.

Why it matters: Efficiency, accountability, and transparent judicial appointments — large institutional change.

9. Socio-economic change & justice for weaker sections

Proposals:

• Ensure representation of SC/ST/Backward Classes on benches; targeted social policy; better institutions to ensure resources reach weaker sections.
• Consolidated statutory framework for reservations, with Arakshan Nyaya Adalats to resolve disputes.
• Residential schools for SC/ST/BC in every district; transfer many tribal areas under Sixth Schedule; special courts for atrocities; strict enforcement of laws banning manual scavenging.
• National authority to liberate and rehabilitate bonded labour; focus on women’s reservation, empowerment and protection.

Why it matters: Equity-focused structural measures to make constitutional promises effective

10. Decentralisation — Panchayats & Municipalities

Main suggestions:

• Restructure Eleventh & Twelfth Schedules to create a separate fiscal domain for local bodies.
• Declare Panchayats and Municipalities as institutions of self-government (amend Articles 243-G & 243-W).
• Give CAG auditing powers/standards for local bodies.
• Empower Election Commission over State Election Commissions; fixed procedures for dissolution and reports to State Legislature.
• Delimitation, reservation and rotation of local seats by Delimitation Commission.

Why it matters: Strengthen fiscal autonomy and constitutional status of local governments.

11. North-East specific measures

• Extend 73rd/74th Amendment benefits with sensitivity to regional traditions.
• Entrust many subjects to Autonomous District Councils (Sixth Schedule) and associate traditional governance with self-rule.
• Set up a National Immigration Council to examine citizenship and migrant issues.

Why it matters: Respect local traditions while integrating governance reforms.

12. Electoral processes

Strong recommendations:

• Disqualify from candidature persons charged with offences allowing >5 years imprisonment.
• Permanent bar on those convicted of heinous crimes.
• Speedy disposal of criminal cases against politicians and election petitions (special courts).
• Defer broad State funding of elections until robust regulation exists.
• Ban simultaneous contesting from multiple constituencies.
• Give the Election Code of Conduct legal sanctity (penal action on violations).
• Consider run-off system (50%+1) instead of first-past-the-post.
• Set higher thresholds for deposit forfeiture (increase required valid votes).
• Reconstitute appointment process for CEC and Election Commissioners via a multi-member recommending body.

Why it matters: Clean up candidate selection and electoral conduct — essential for representative democracy.

13. Political parties

Regulate via comprehensive law:

• Open membership; strict accounting and disclosure; candidates must declare assets & liabilities; parties cannot field convicted candidates; penalties (deregistration) for violations.
• Raise recognition thresholds to curb proliferation of tiny parties.
• Regulate party funding: transparency, corporate donations with limits, audited accounts.

Why it matters: Targets nexus of money and politics and improves party accountability.

14. Anti-defection law (Tenth Schedule)

Suggested toughening:

• Defectors must resign and recontest their seat.
• Defectors barred from ministerial/public remunerative posts during the current term.
• Votes by defectors to topple governments should be invalid.
• Election Commission (not Speaker/Chairman) to decide on disqualification under defection.

Why it matters: Reduce opportunistic defections and party-hopping that destabilise governments.

Overall takeaway

NCRWC recommended deep institutional reform: enlarge rights, strengthen accountability, professionalise administration, clean electoral politics, make judiciary efficient, empower local bodies, and protect vulnerable groups — all within the Constitution’s basic structure.

UPSC tip (how to use this in answers/notes)

• Memorise major clusters: Rights, Judiciary, Parliament/Executive, Electoral reform, Centre–State, Decentralisation, Social justice.
• Use one example of a high-impact recommendation for each cluster (e.g., National Judicial Commission for judiciary, constructive no-confidence for executive, plea-bargaining for criminal justice).
• In essays/ethics/GS4, link recommendations → governance problems they aimed to fix.