The Key Successes And Failures Of The Indian Constitution: Insights From Manish Tewari At The Third Law & Constitution Dialogue

The Third Law & Constitution Dialogue, a prominent televised legal event celebrating 75 years of the Indian Constitution, featured a compelling session with Member of Parliament and former Union Minister Manish Tewari. Moderated by Priya Sehgal, Editorial Director of NewsX, the discussion delved into the achievements and shortcomings of India’s constitutional framework.

75 Years of Constitutional Experiment: A Success Story

Reflecting on the longevity and resilience of the Indian Constitution, Manish Tewari emphasized its enduring success. “The Constitution has not only endured but thrived,” he remarked, crediting the judiciary, particularly the Supreme Court, for preserving its integrity. Tewari highlighted the 1973 Supreme Court judgment on the basic structure doctrine, describing it as pivotal in safeguarding the Constitution from potentially detrimental amendments.

Judiciary vs. Parliament: A Balancing Act

The session explored the complex relationship between Parliament and the judiciary. Tewari acknowledged the inherent tension between the sovereign will of the people, represented by Parliament, and the judiciary’s role as the ultimate arbiter of constitutional matters. He lauded the judiciary’s proactive approach in ensuring accountability, particularly through judicial review.

“Parliament is a creation of the Constitution, and so is the judiciary,” Tewari noted, underscoring the importance of the doctrine of separation of powers. He criticized the “whip-driven tyranny” in Westminster-style democracy, which often limits legislative independence, and applauded the judiciary for acting as a critical check on executive overreach.

Federalism and the Center-State Imbalance

One of the Constitution’s shortcomings, according to Tewari, is the imbalance between the powers of the central and state governments. He traced this issue to the partition era, which necessitated a stronger central authority. “Article 1 defines India as a union of states, not a state of unions,” he pointed out, arguing that the federal structure has often tilted in favor of the center, depriving states of legislative autonomy.

Debates on Secularism and Historical Revisionism

Tewari addressed debates around secularism and the Places of Worship Act. While acknowledging India’s pluralistic constitutional design, he warned against the perils of historical revisionism. “Looking at India’s destiny through a rearview mirror does not serve the republic,” he cautioned, advocating for forward-thinking policies over divisive narratives.

Challenges of Expanding Parliamentary Seats

Discussing proposals to increase parliamentary seats, Tewari expressed concerns about the practical implications of managing a larger legislative body. He stressed the need for thoughtful deliberation and robust committee systems to maintain legislative efficiency.

One Nation, One Election: A Wait-and-Watch Approach

On the contentious issue of simultaneous elections, Tewari reserved judgment, emphasizing the need to scrutinize legislative drafts before forming an opinion. He questioned the financial arguments behind the proposal, noting potential complications in synchronizing electoral cycles.

A Living Document for Changing Times

Tewari concluded by affirming the Constitution’s adaptability as its greatest strength. “It is a living document, shaped by over 100 amendments to reflect the changing needs of society,” he stated, cautioning against selective interpretations that prioritize ideology over inclusivity.

The session underscored the dynamic interplay of law, governance, and societal values, reinforcing the Indian Constitution’s pivotal role in shaping the nation’s democratic journey.

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