1

Agenda for New Prime Minister- Constitutional reforms

By: Bipin Shah

One of the founding father of US constitution, Thomas Jefferson

implied in his statement that “The constitution must expire in 19

years.” What he meant was the effective shelf life of the constitution

equates to one generation. Every new generation, the constitution of

the country should be reviewed by the independent constitutional

experts to examine how it reflects the realities of the living age of

the nation and how to make its democracy more efficient to better

serve its people. This often means new changes should be adopted

and antiquated provision should be omitted. If this can be

accomplished the nation’s democratic institution remains more

vibrant, relevant and effective.

Since Jefferson made that statement in 1789 AD, the life expectancy

for the definition of “generation” has increased from 19 years to may

be 25 to 30 years on average. Perhaps the review of the constitution

should be extended to 25 years at the most. Thomas Jefferson was a

wise man, he can foresee the changes creeping in to social and

political attitudes of every new generation.

If his earlier statement on the constitution was taken seriously,

American would not be debating about Gun laws, electoral college

reform, Guantanamo bay and torture chambers, electronic

2

eavesdropping and most important of all the unique provision in the

US senate that gives a one senator a right to shut the government

down by a procedure called filibustering, a bladder testing

procedure. This is not to mention the some less important issues of

the time such as disparity among the state laws regarding Gay’s

right, voting rights, women’s right for abortion and privilege of

school prayers or biblical stories of evolution.

This is the status of the one of the mightiest democracy of the world

that as President after President in state of the union message has

described it “as the beacon of the light “and “The strongest, the

world has ever known”.

However, the majority of the nations who practice democracy have

never bothered to ask or review the relevancy of the premises on

which the constitution was established. USA is not the only singular

country to cite as an example. We can certainly attest to the truth

that the founding fathers were not God but just human beings like

us, trying to capture the realities of the world they were living in.

Should not that prompt many law makers bodies to reexamine their

old documents to see if it can be made more relevant for the people?

No constitutional experts known to us have made any serious efforts

to suggest that certain obsolete provision in the constitution is no

longer relevant like “Tea Tasting Board of colonial era in USA that

was terminated by Richard Nixon. Please note that USA is a coffee

drinking nation.

India is a complicated country with highly diverse ethnicities,

proverbial caste structures and various regional languages. A

historian can argue that only during the few instances of the entire

known history of India, the country functioned as a single political

entity until British took control. To an outsider, the people of

subcontinent have the similar culture and appearance and they do

not understand why people do not speak the same language let

alone get along with each others.

3

Since 66 years after the independence, the inexperienced leaders of

the congress party and Muslim league greed to partition the country

on religious ground with British connivance. The majority of them

have no experience in governance. British exhausted with Second

World War that they really did not win by themselves until

Americans bailed them out. After the war, they were delighted to

shed their colonial portfolio.

The division of British India turns out to be one of the biggest

mistakes of the century. None of the partitioned territories have

fully recovered from that fall out. The massive displacement of the

people, refuges, wanton sectarian killing is still a nightmare to the

surviving refugees and they still linger on. The present Indian state

carved out of larger British India ended up with three independent

countries after Pakistan lost the 1971 war of independence with

Bangladesh. All these democracies were set up on a British model.

Pakistan after 66 years of independence had gone through military

dictatorship with high contents of religious theocracy. Pakistan was

not too happy about parting of its way with east wing but the

geography and ethnicity difference was as wide as 1000 miles. When

the leader of the eastern wing of the country (Bangladesh) won the

election, the western wings would not accept the result of the

election and after few years of brutal struggle, the separation set in.

As much as military run states have failed miserably in fulfilling their

people’s expectation, so does the functioning of the other

democracies in the subcontinent. The corruption culture, coalition

and vote bank politics are not good substitute for good governance

and progress. Some of the problems are manmade but some of the

problems are rooted in the flawed constitutional set up of India that

was copied from British Constitution without taking into account the

history and culture of the subcontinents.

British then and now are ethnically and linguistically a homogeneous

nations with minimum diversity with a long history of constitutional

monarchy that provided the glue to bind them. Applying their model

4

blindly was a deeply flawed exercise. Some of this anomaly of the

constitution has created a dysfunctional democracy today.

Bagehot wrote the English constitution in 1867 AD and his

comments specifically addresses the role of the Parliament, a law

making body and the British Royals led monarchy. We know the

history of British monarchy. Royals were very much resistant to the

bitter end but finally relinquished the power as long as they can keep

their perks.

The British constitutional model thus set up for freed colonies varied

slightly. The Canada and Australia maintained the British Royals as

their titular head due for some time due to their kinship, this

practice is now abandoned. India and other colonies made changes

from the start by selecting their own figurehead as nominal head of

constitution but through secretive process where they do not get

elected by the people directly. This indirect parliamentary system if

not regulated by matured voters, gums up the democratic process

and people’s interest gets lost and unexpected things happen.

Some of the Bagehot quotes and observation that relates to the

anomaly and dysfunctionality of parliament style of democracy is

cited here for general guide and reference.

When Bagehot observations are applied to India, you can conclude

that Indian political system is caught up in “Bagehot loop” and here

is the partial list of suggested revision to get out of the loop. Bagehot

quote is highlighted in red.

1. “The greatest mistake is trying to be more agreeable than you can

be.”

India enjoyed a unitary party dominance during the cold war and

enjoyed the socialist grade of average economic growth of 2 to 3 %.

During this period, India lost its best minds who have demonstrated

that anybody can do better if they leave the Indian system. The

successful NRI of today are product of Nehru-Gandhi’s socialism. The

last two decades of patching up a coalition government follows the

5

Bagehot loop or knot however you wish to describe it. The major and

minor parties join together form a coalition o eat the pie first rather

than provide good governance for people. The main causalities are

persistent corruption, high inflation and low economic growth and

job creation.

2. “Perhaps the most valuable result of all education is the ability to

make yourself do the thing you have to do, when it ought to be

done, whether you like it or not.”

This similarly applies to the politicians of India. Sycophant

statements to media that is intended to serve their master or spin

the public opinion are usually self serving and sometimes are

defamatory. The people who are making the statement do not

believe in them as then they end up retracting it under the excuse of

being misquoted by the media. These are spin masters.

3. “The being without an opinion is so painful to human nature that

most people will leap to a hasty opinion rather than undergo it.”

The same comments made under item # 2 apply.

4. “All the best stories in the world are but one story in reality - the

story of escape. It is the only thing which interests us all and at all

times, how to escape.”

The blame game involving all the corruption scandals, while

protecting the higher up is one good example. Mr. Rahul Gandhi

squashed the escape plan of Dr. Singh that would have granted

immunity to all who were involved in past corruption scandals.

5. “A political country is like an American forest; you have only to cut

down the old trees, and immediately new trees come up to replace

them.”

Mr. Kejriwal is a good example. The moment he decided to leave

Anna’s campaign and formed his own party. He and his party man

went astray from their original mission. Now they appear to be

6

collaborators of evil doers rather than evil killers. What a change?

Did they fool Delhi voters?

Some of the antiquated clauses and articles embedded in the

constitution that requires a revisit, review and possible changes by

experts are listed here for reference:

1. Article 370 of the Indian constitution grants a separate status for

Kashmir and Jammu. This article is now outdated and obsolete.

Farook Abdulla, a Kashmir lion, who wanted it, is now dead for a

long time. The article should be repealed.

United Nation and Pakistan have removed that from their vocabulary

after the end of the cold war. This article serves no purpose and

keeps the fire burning that has no validity or any practical meaning.

The line of control that exists today is the only lines that will

demarche the border when both countries are ready to settle. Read

further on this link:

http://www.indiandefencereview.com/news/article-370-the-untold-

story/

7

2. Personal Law Provision: The Indian leadership chooses to exercise

the option of being a secular country than be called a Hindu republic.

Pakistan chooses the other option and called her Islamic republic,

strictly on religious line. One can debate that point, if either nations

made a right choice but the history cannot be undone and anyone

who choose to stay in India are Indian citizens regardless of their

religious affiliation. However, there is an associated responsibility for

the citizen of various faiths. Their loyalty is to their country they live

in and not to any religiously inspired homeland. In a civilized

country, as a citizen you do not blow up your fellow citizen with

bicycle bomb or suicides belt.

As a concept, majority of Indians agree to the idea of being secular,

since the country is very diverse with different ethnicities, languages

and religious faiths. However, Indian constitution as it exists today is

not being consistent by allowing separate personal laws for Hindu

and Muslims. The religion should have no place in a secular country.

Why should Indian Muslim woman have to accept the husband’s

right of polygamy as an affront to her dignity, while Hindu and other

religious minorities can be legally prosecuted under Hindu law for

engaging in polygamy? This absurdity and anomaly in the secular

constitution should be repelled. This is nothing but the “vote

getting” exercise badly conceived and probably unconstitutional in

most democracies. All Indian women should have the same rights

under the law with full constitutional protection regardless of their

8

faith. This should be removed and if necessary, a referendum should

be held.

http://indianexpress.com/article/opinion/columns/a-law-for-a-vote-

bank/

9

3. Scheduled caste and quota systems: since M. K. Gandhi’s

pronouncement that “Harijan” (Sanitation workers) were deprived of

equality and dignity in Indian society for centuries, it made a good

common sense in pre-independence days, the congress and other

ruling parties have expanded the definition of these minorities

gradually without any the long term thought or damage it can cause

to social and economic fabrics of the nation. If we allow our

imagination to stretch in a caste ridden society, everyone is minority

due to one reason or another. Kashmir Pandit are minorities, Jains

are minorities, Sikhs are minorities, Buddhists are minorities, Sindhis

and Bangladeshi who fled Pakistan are minorities, so practically,

India is a nation of minorities. Everyone can find a reason to be

minorities regardless of their economic status. Who is left as a

majority? Where we stop and draw the lines?

The permanently “entitled society” creates more “dependency”. We

robe people of their motivation to succeed and excel in their

enterprise. We give them through entitlement system to secure their

votes. Why should anyone can be persuaded to work for creating a

more productive and innovative society for future growth?

http://www.morungexpress.com/public_discourse_public_space/11

0762.html

If we reduce the number of producers in the society, we will reduce

the tax base for collection to fund the necessary infrastructure

projects for the growth and will be forced to either raise the taxes or

create budget deficit accompanied by heavy borrowing. This will

further squeeze the middle class who supports the growth based

demand rather than persistent high core rate of inflation.

The entitled society ultimately dries up new capital formation for

investment as demands gets curtailed that will reduce the job

growth. Ultimately, it will come to the point when central

government does not have enough monies to support such a wide

subsidized structure.

10

The various provisions in the constitution to reserve the seats for

Anglo-Indian are a joke and obsolete, we never hear any instances of

the discrimination of any Anglo-Indians. Most of the Anglo Indians

have already left and gone outside the country. They have no trouble

getting jobs as they are more fluent and proficient in English. The

entire sub articles need to be scrapped.

From a policy point of view, this is the most insane economic and

social policy. The article of the constitution should be amended to

provide equal opportunity to men and women with equal pay

without regard to their cast, religion or regional origin.

To continue this policy will keep the core inflation of basic

commodities always at a higher rate than other country. India will

remain a low growth, high unemployment subsidy dependant

nation. These policies should be jettisoned or phased out as quickly

as we can during the short period and revised by developing the

sound economic criterion based on expert’s advice. This will

maintain the incentive for people to work and the monies saved

from ill-conceived policies can be redeployed for job creation that

will flow back to national treasury in the form of higher tax receipt.

At the same time, the needy and deprived will receive the economic

support they need and their family does not go hungry and spend

sleepless nights without adequate shelter and necessary public

facilities. (Amend article 334)

11

4. Electoral Reforms: Since India is not Britain and Britain is not India.

It is a mistake to employ the “indirect election” formula for the

Indian democracy. It has not worked well for the last 66 years. The

prime ministers should be elected by a direct vote and so should be

President and the Vice-President with term limits so they cannot be

recycled back. America was once the British colony and did not

choose the British set up for a very good reason. Although, the

model for Britain may work well for Britain because it is much more

homogeneous country than what India and USA are. USA and India

both display similar traits if not culturally but in multi-ethnicities and

religious tolerance. Added to that shared democratic values and

common view on strategic environment of the world. A model

similar to American model if not equal to their may work better for

India for electing a chief executive.

Presently in India, the head of the political party exercise more

control without a mandate from the people than the Prime minister.

Mr. Manmohan Singh, the current Prime minister cannot implement

a single decision without the approval of party president and

coalition partners. This is not the way the office of the chief

executive should work and it is a major cause of the dysfunctionality.

12

When Mrs. Indira Gandhi and her father held the post of PM, they

also controlled the party apparatus. At that time congress enjoyed

the numerical superiority in both houses. The display of poor

leadership by majority party that collaborated with communists and

socialists has hurt the economic progress. The weakening of congress

also resulted into the proliferation of the number of parties. The

consensus politics have become a major hurdle.

5. Representation at national level: Certain qualification criteria have

to be established to reduce or eliminate the fringe parties. They are

more of distractions than participants and they are there to thrive on

the culture of corruption. The parties have to demonstrate at least

20 to 25 % of popular votes of the country to sit in the parliament

that is national law making body. The power should be devolved

back to the voters. The present system is deeply flowed and is

subject to the corruption. A small party with very small number

always forces the major party to buy the support in quid pro quo

basis that is against the national interest.

6. Term Limits: Establish the term limits and for all important offices

including the members of parliaments and Rajyasabha members, so

the perpetuity of the person and political dynasty cannot be allowed

to continue and open up the system for more talented person to

participate. (Amend article 66 through 71 and others still to be

13

identified.) The major cabinet positions like defense, home and

intelligence should require the parliament’s approval for

confirmation and oversight.

7. Rajya Sabha: There are considerable members who are appointed

by the political parties and they often directed to cast their votes on

party lines instead of merits of the issues. Get rid of that system.

Formulate the system similar to American law making bodies where

certain members on some voting formula are elected by each state

and they are answerable to the people. Very different formulation

can be made other than what we have now. The stuffing of the

Rajyasabha with cricket and Bollywood stars, who know nothing

about law making, should not be allowed to continue. If we cannot

figure out a better way than abolish the Rajya Sabha completely, the

savings could be channeled for the job creation.

8. Recalls and Referendum: Introduce the system of recalls and

referendum in a selective way against the corrupt judiciary, city

government and state officials either appointed or elected as an

added provision of anti corruption laws.

I admit at the outset, I am not a constitutional expert but the Indian

democracy model is not serving its people and they demand the

change. What needs to be done is to study various democracy

models of the world and come up with the one that will best apply to

Indian society and culture and should be reviewed periodically to

14

assess how relevant the laws and provision are that are meeting the

requirements and wishes of people.