In the wake of perceived failure of public institutions in India, many analysts have described the situation as ‘an emergency of Indian constitutionalism’. Do you agree with such an assessment? (250 W/ 15 M)

Mentor’s Comment:

This question is very analytical in nature. It wants you to assess whether the public institutions are on a decline. 

Introduce the answer in such a manner to indicate that you have understood the broader theme.

In the body talk about some arguments raised on the legitimacy of major pillars of democracy and constitutional bodies.

It is very important to bring out their positive aspects as well.

Conclude with suggestions.

Model Answer

The strength of any democracy is judged by how strong its institutions are. They are the keystone that hold the arc of rule of law. At the very least, they serve the following functions

  1. Ensure that the distance between the ruler and the ruled is minimized
  2. Separation of power in order to ensure necessary checks and balances against arbitrary decisions.
  3. Ensure justice is preserved.

Institutions like the Parliament, Judiciary have already been witnessing a decline. In recent times, we see a further deterioration with many other institutions making to the list.

  1. The Parliamentary logjams are a regular affair. Ordinance route has become a preferred way to get laws passed.
  2. The Supreme Court witnessed the worst crisis ever in its history when its senior judges moved a motion for removal of the CJI.
  3. The office of the Governor has come under scrutiny for arbitrary exercise of its discretionary powers. President’s Rule in Arunachal and Uttarakhand, coalition politics in Goa and Karnataka are a case in point.
  4. The watchdog institutions CVC, CBI and Lokpal stand considerably weakened. CVC and Lokpal were not appointed. Many accuse CBI of being an instrument of the government to settle scores and not being independent. The crackdown on Delhi Govt. is a case in point.
  5. CAG’s activism has been questioned post the Supreme Court’s judgement in the 2G allocation case.
  6. Questions on the autonomy of RBI have also been raised.
  7. Doubts have also been raised on the functioning of Election Commission.

While the perceived decline is true to some extent, there is enough evidence to prove that these institutions have worked in the interest of the people and also strengthened democracy.

  1. The judiciary still holds a prominent place in the hearts of the people and its judgements carry legitimacy and weight to be adhered to.
  2. The Election Commission has been successful in executing the world’s largest elections.
  3. CVC has taken many up many investigations.
  4. CIC has become more active : eg. increased scrutiny, strengthening of RTI, etc.

It is best to say that institutions in India are evolving. Yes, there are issues with their functioning and a detailed scrutiny is the need of the hour. With a determined government at the center, institutional reforms are a must.

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