The National Commission to Review the Working of the Constitution, commonly known as the Sarkaria Commission, was a constitutional commission established by the Government of India in 2000 to review the functioning of the Indian Constitution.
1. Constitutional Background:
a. Article 340:
- Article 340 of the Indian Constitution empowers the President to appoint a commission to investigate the conditions of socially and educationally backward classes.
- While Article 340 is not directly related to the establishment of a commission to review the working of the Constitution, it provides a precedent for the appointment of special commissions to address specific issues of national importance.
2. Establishment and Mandate:
a. Establishment:
- The National Commission to Review the Working of the Constitution was established in February 2000 by a resolution of the Government of India.
- The commission was commonly referred to as the Sarkaria Commission after its chairman, Justice Rajinder Singh Sarkaria, a former judge of the Supreme Court of India.
b. Mandate:
- The primary mandate of the commission was to comprehensively review the functioning of the Indian Constitution and make recommendations for its amendment or reform as necessary.
- It aimed to identify areas where the Constitution could be strengthened or modified to better serve the needs of a rapidly changing society and address emerging challenges.
3. Scope and Methodology:
a. Wide-ranging Inquiry:
- The commission conducted a wide-ranging inquiry into various aspects of the Indian Constitution, including the distribution of powers between the Union and states, the functioning of democratic institutions, electoral reforms, federalism, center-state relations, and other constitutional issues.
b. Consultations and Inputs:
- The commission solicited inputs and submissions from political parties, experts, stakeholders, and the general public through written memoranda, public hearings, and consultations.
- It reviewed existing literature, reports of previous commissions, judicial decisions, and international best practices to inform its recommendations.
4. Report and Recommendations:
a. Comprehensive Report:
- The commission submitted its report to the Government of India in 2002, containing detailed observations, analysis, and recommendations on various aspects of the Constitution.
- The report addressed key areas of concern and proposed reforms aimed at enhancing the effectiveness, efficiency, and adaptability of the constitutional framework.
b. Implementation:
- While the commission’s recommendations provided valuable insights into areas requiring constitutional reform, the implementation of its recommendations has been gradual and subject to political consensus and legislative action.
- Some recommendations have been implemented through constitutional amendments or administrative measures, while others remain under consideration or subject to further deliberation.
Conclusion:
The National Commission to Review the Working of the Constitution, commonly known as the Sarkaria Commission, played a significant role in assessing the functioning of the Indian Constitution and making recommendations for its reform and improvement. While its report provided valuable insights and recommendations, the process of constitutional reform is ongoing and subject to broader political, social, and legal considerations. The commission’s work underscores the importance of periodic review and adaptation of constitutional frameworks to meet the evolving needs and aspirations of society.
