Challenges in implementing the constitution in India
Answers
Answer:
The Constitution of India was adopted on 26th November 1949 and formally implemented from 26 January 1950. It’s been 66 years and is still serving India better than ever now. Countries have rewritten their constitutions to the suit changing ideas within society or even due to political changes. The Soviet Union did it four times (1918, 24, 26 and 77) before forming Russian Federation with new constitution in 1993. The French did it five times in last two centuries (1793, 1848, 1875, 1946 and 58). It doesn’t mean that our constitution never faced any challenges. Every challenge we faced was dealt with and came out as amendment.
Here are some of the major challenges faced
Difference in interpretation of constitution by the judiciary and the government
This misinterpretation often led to a prolonged judicial review petitions and again amendments by government to overrule the judgement. Especially during 1970s there was a lot disagreement between judiciary and legislature.
Balance between fundamental rights and directive principles
It was always a debate as which of the above two is subordinates the other. Defining the status of Right to Property is a major challenge in this aspect and finally Right to Property was removed from fundamental rights and given a status of legal right.
Stability of the governments
There were some occasions when the central governments would last only for days before dissolution due to lack of confidence. When it comes to state governments the frequency is very disturbing. Owing to enormity of costs of election this is a challenge yet to be solved.
Relations between Center and States
This problem came into existence after the period of Nehru, when the regional parties formed government in states. The states want more autonomy. Many states published reports in this regard such as Rajamannar Committee, Anandpur Sahib Resolution, West Bengal Memorandum. Now with increased participation of states in policy making through Niti Aayog there is an attempt to satisfy the states.
Internal Emergency
The internal emergency of 1975 was the most controversial period of independent India. The 38, 39 and 42 constitutional amendments made during this period sought to change many crucial parts of constitution and 44th amendment nullified most of them. Shah Commission was appointed to investigate and it leads to 44th amendment to introduce a number of safeguards against misuse of Emergency.
These are some of the major challenges faced by the Indian Constitution. Our constitution makers were very farsighted and provided many solutions for future situations, which is why India is performing well as a democracy.