National Commission to Review the Working of the Constitution for APSC - APSC Mains Solved Question Paper 2022

Basic Structure of the Constitution of India. Recommendation of National Commission to review working of Constitution of India APSC 2022 - APSC Mains Paper Solution

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APSC Mains Solved Question Papers 2022

Well here is the APSC Mains Solved Question Paper of 2022. Check this APSC previous year solved question Basic Structure of Constitution of India & National Commission to Review the Working of the Constitution to prepare for future APSC Mains Exam. 

• Basic Structure of Constitution of India & National Commission to Review the Working of the Constitution for APSC

The Constitution of India, adopted on 26th January 1950, is the supreme law of the country. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out the fundamental rights, directive principles, and responsibilities of citizens.

The basic structure of the Constitution of India can be understood through its preamble, parts, articles, and schedules.

1. Preamble :

The Preamble of the Indian Constitution outlines the ideals and objectives that the Constitution seeks to achieve. It starts with the famous words, "We, the people of India," and highlights justice, liberty, equality, fraternity, and the unity and integrity of the nation as the core values of the Indian democracy.

2. Parts :

The Constitution of India is divided into 25 parts. Each part deals with specific aspects of governance, fundamental rights, directive principles of state policy, and other important provisions. Some of the key parts include:

   a. Part I: Union and its Territory

   b. Part III: Fundamental Rights

   c. Part IV: Directive Principles of State Policy

   d. Part V: The Union

   e. Part VI: The States

   f. Part XI: Relations between the Union and the States

3. Articles :

The Constitution consists of a total of 470 articles (as of my knowledge cutoff in September 2021), which outline the detailed provisions for the functioning of the government, the rights and duties of citizens, and various other aspects of governance. These articles cover a wide range of topics, including the structure of the executive, legislature, and judiciary, emergency provisions, fundamental rights, and the amendment process.

4. Schedules :

The Constitution of India originally had eight schedules, which have been amended and expanded over time. The schedules provide lists, tabulations, and forms that are essential for the administration of the country. They cover a variety of subjects, such as the official languages, forms of oaths, the allocation of seats in the Rajya Sabha (Upper House of Parliament), and the distribution of powers between the Union and the States.

5. Amendments :

The Constitution of India provides a mechanism for its amendment. Amendments can be made by the Parliament through a prescribed process, which usually requires a special majority. The amendment process ensures that the Constitution remains relevant and adaptable to changing needs and circumstances.

The basic structure of the Constitution of India is characterized by a federal system of government, a parliamentary democracy, separation of powers among the three branches of government, fundamental rights and duties of citizens, and a comprehensive framework for governance.

It is important to note that while this response provides an overview of the basic structure of the Constitution of India, there are numerous intricacies, details, and provisions within each part, article, and schedule that contribute to the comprehensive nature of the Constitution.

Recommendation of National Commission to review working of Constitution of India

The National Commission to Review the Working of the Constitution (NCRWC) was established in February 2000 with the aim of critically examining the functioning of the Constitution of India and suggesting changes or amendments to meet the evolving needs of the country. The commission was headed by Justice M.N. Venkatachaliah, former Chief Justice of India, and consisted of several eminent jurists, legal experts, and scholars.

The NCRWC conducted an in-depth review of various aspects of the Constitution and submitted its report to the government in March 2002. The report contained several recommendations for amendments, reforms, and improvements to ensure the continued effectiveness and relevance of the Constitution. While the report and its recommendations did not result in immediate amendments to the Constitution, it provided valuable insights and suggestions for future deliberations.

Some of the key recommendations made by the NCRWC include :

1. Constitutional Structure :

The commission recommended a re-look at the balance of power between the executive, legislature, and judiciary to strengthen the democratic structure. It emphasized the need for clearer separation of powers, effective checks and balances, and enhanced accountability mechanisms.

2. Fundamental Rights :

The NCRWC recommended expanding the scope of fundamental rights to include newer dimensions of human rights, such as the right to information, right to clean environment, and right to good governance. It also suggested reviewing the reasonable restrictions on fundamental rights and ensuring their effective enforcement.

3. Directive Principles of State Policy :

The commission emphasized the need to make the directive principles more actionable and enforceable. It recommended redefining the relationship between fundamental rights and directive principles to ensure a better balance between individual rights and social welfare.

4. Electoral Reforms :

The NCRWC proposed various electoral reforms to enhance the functioning of the democratic process. It suggested the introduction of proportional representation, state funding of elections, and stricter regulation of political parties to promote transparency and accountability.

5. Center-State Relations :

The commission recommended reviewing the distribution of powers between the Union and the States to ensure a harmonious and cooperative federal structure. It suggested greater devolution of powers to the States and strengthening of local self-governance institutions.

6. Judicial Reforms :

The NCRWC made several recommendations for improving the functioning of the judiciary. It emphasized the need for judicial accountability, faster disposal of cases, and reforms in the appointment process of judges to ensure an independent and efficient judiciary.

7. Social Justice :

The commission stressed the importance of social justice and recommended measures to address issues of poverty, inequality, and discrimination. It proposed policies and programs to empower marginalized communities, protect the rights of women, and promote inclusive development.

It's important to note that the recommendations of the NCRWC were advisory in nature, and the government has the discretion to accept, modify, or reject them. The implementation of these recommendations requires careful consideration, as any changes to the Constitution should uphold its foundational principles while addressing the evolving needs of the society and the nation.

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