India’s Constitution envisioned a robust framework of independent institutions to uphold democracy, federalism, and rule of law. But over the years, some of these constitutional offices and bodies—meant to be neutral arbiters—have come under criticism for erosion of credibility, political bias, and lack of accountability. Here are a few major issues affecting key institutions and what can be done to restore their integrity.
⚖️ 1. Politicization of the Office of the Speaker of the Lok Sabha
The Speaker is expected to be an impartial custodian of the House, but in practice, the post is deeply politicized.
Key Problems:
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The Speaker is usually a senior leader of the ruling party and continues to remain politically affiliated even after election.
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Discretionary powers like accepting or rejecting motions, and deciding on disqualification under the anti-defection law, are often used to protect party interests.
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Delays in disqualification cases have undermined democratic fairness (e.g., prolonged inaction in cases of floor-crossing).
Reforms Needed:
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Mandate resignation from party membership upon election to the Speaker’s post.
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Shift anti-defection decisions to an independent tribunal or the Election Commission.
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Ensure Deputy Speaker is elected from the opposition to maintain balance.
🧩 2. Appointment and Autonomy of Election Commission
The Election Commission (ECI) is critical for conducting free and fair elections. However, concerns about its independence have increased in recent years.
Key Problems:
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All Election Commissioners are appointed by the executive without an independent selection mechanism.
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Accusations of biased conduct during elections (e.g., unequal application of the Model Code of Conduct) have raised doubts about its impartiality.
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Short tenures and lack of protection for Election Commissioners discourage assertive, independent functioning.
Reforms Needed:
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Establish an independent, bipartisan collegium (e.g., including CJI, PM, and Leader of Opposition) for appointments.
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Provide secure tenure and protection from arbitrary removal for all Commissioners.
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Ensure transparency in decision-making, especially during high-stakes elections.
🏛️ 3. Weakening of Federal Institutions like the Governor’s Office
The role of the Governor, intended as a constitutional link between the Centre and states, has often been misused for partisan purposes.
Key Problems:
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Governors have been accused of delaying decisions (e.g., calling assembly sessions or appointing chief ministers) to favor ruling parties at the Centre.
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The office is often filled with retired bureaucrats or politicians loyal to the ruling party.
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Frequent misuse of the Governor’s discretionary powers undermines state governments and federal principles.
Reforms Needed:
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Set clear, time-bound guidelines for gubernatorial actions, especially during government formation.
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Ensure appointments are made through a transparent and consultative process.
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Limit post-retirement appointments for Governors to maintain neutrality.
🛠️ The Way Forward
India’s constitutional architecture rests on the integrity of its key offices and institutions. To preserve democratic values, we must:
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De-politicize appointments.
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Codify powers and processes.
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Strengthen transparency and public accountability.
Without such reforms, these vital institutions risk becoming instruments of political convenience rather than guardians of the Constitution
