Question

are there any demerits of our Indian Constitution? if yes then what are they? and what amendments should be made to make it much better?

Answer 1

Hi friend,

Nice question Thanks for asking.

The answer to your question is probably "YES".

THE Demerits of constitution are

*The Constitution is comprehensive and in fact too comprehensive. Some provisions seem too redundant to be considered a part of the Constitution.

*There is a strong bias towards centre in our federal structure. Recent case of Uttarakhand's govt being toppled to set in President's rule is a glaring.

example:-
Privileges of the Parliament and State Legislatures are left upon then to decide which has not been codified till date. Though one doesn't expect such a provision to be enumerated in the Constitution, but Indian scenario might entail one such provision.

*The Constitution is too bulky and too complex for a layman to understand. In fact it is considered a paradise of lawyers. This happened because our Constituent Assembly comprised of a very high number of eminent lawyers.

*There is a high degree of protection to civil servants accorded under Art 311. This provision is more misused and abused than being used.

*Anglo Indian community doesn't really require 2 seats in Lok Sabha anymore. The fears of 1950s are certainly gone and this provision may be repealed to uphold Right to Equality.

*Schedule IX (read with Art 31B) which accords protection to a law vis-a-vis Fundamental Rights needs to be revisited.

*There is no provision to maintain efficiency of Legislature like minimum number of working hours, minimum number of hours to be spent on legislation, budget discussion, etc.

*The Speaker is a very powerful authority and there may be a case to revisit his/her powers.

*Anti-Detection Law is also not a very good idea. It creates a paradox in which a voter is free to choose any candidate but a law-maker is not free to voice his opinion. This is antithetical to our democratic ethos.

*There can certainly be more provisions. But I for one don't support futile arguments relating to reservation, Art 370 (related to J&K), or allowing illiterate/criminals/whatever to contest elections, etc. One needs to ponder deeply upon the provisions of the Constitution to understand the needs to have such Articles. In my view they are still very much needed.


Hope this helps you...


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Thanks,@A.C.E
K.P.G