The National Commission to review the working of the Constitution (NCRWC), also known as JMNR Venkatachaliah Commission, was set up by a resolution of the Government of India led by Atal Bihari Vajpayee's National Democratic Alliance in February 2000 for suggesting possible amendments to the Constitution of India. It submitted its report in 2002.
Contents
Background
The commission was formed on 1 February 2000. It was reported that former Chief Justice of India, M. N. Venkatachaliah, would chair the commission, and that it would comprise ten other members, which would include one member-secretary, and "nine other members from various walks of life concerning constitutional background". The names had not been finalized at the announcement of the commission being formed. When asked if it would be called a commission or committee, Minister of Law and Justice Ram Jethmalani stated that "it will be called a commission .... a national commission."
Terms of reference
The terms of reference given to the Commission stated that it shall examine, in the light of the experience of the past fifty years, as to how best the Constitution can respond to the changing needs of efficient, smooth and effective system of governance and socio-economic development of modern India within the framework of parliamentary democracy, and to recommend changes, if any, that are required in the provisions of the Constitution without interfering with its 'basic structure' or 'basic features'.
Composition of Commission
The 11-member commission was headed by former Chief Justice of India Justice M. N. Venkatachaliah. The other members of the commission were:
B. P. Jeevan Reddy, Chairman of the Law Commission
Ranjit Singh Sarkaria, Former Judge of the Supreme Court of India
K. Punnayya, Former Judge of Andhra Pradesh High Court
Soli Sorabjee, Attorney-General of India
K. Parasaran, Former Attorney-General of India
Subhash C. Kashyap, Former Secretary-General of Lok Sabha
C. R. Irani, Chief Editor & Managing Director of the Statesman
Abid Hussain, Former Ambassador of India to the USA
Sumitra Kulkarni, Former Member of Parliament
P. A. Sangma, Former Speaker of Lok Sabha
Report
The commission was asked to complete its work and make recommendations within one year. However, after three extensions, the Commission submitted its report on 31 March 2002. The report is a bulky one, comprising 1,979 pages in two-volumes, and was received by Law and Justice Minister Arun Jaitley. Volume I contains the recommendations while Volume II (divided in Books 1, 2 & 3) consists of detailed consultation papers, background papers, details of deliberations and the report of its drafting and editorial committee dividing into three books.
Volume I
Introduction 1
Basic Approach and Perspective
Fundamental Rights, Directive Principles and Fundamental Duties
Electoral Processes and Political Parties
Parliament and State Legislatures
Executive and Public Administration
The Judiciary
Union-State Relations
Decentralization and Devolution
Pace of Socio-Economic Change
Summary of Recommendations
Volume II
Gazette Notifications
Advisory Panels
Consultation Papers
Enlargement of Fundamental Rights
Pace of Socio-Economic Change under the Constitution
Literacy in the context of the Constitution of India
Social Security and Employment
Effectuation of Fundamental Duties of Citizens
Review of the Working of Political Parties specially in relation to Elections and Reform Options
Review of Election Law, Processes and Reform Options
Immunity of Legislators: What do the words ‘in respect of anything said or any vote given by him’ in article 105(2) signify?
Efficacy of Public Audit System in India: C&AG
Probity in Governance
Liability of State in Tort
Superior Judiciary
All India Judicial Service
Consultation Papers (Contd.)
Financial Autonomy of the Indian Judiciary
Constitutional Mechanism for the settlement of Inter-State Disputes
Treaty-making power under our Constitution
Implementation
The recommendations have not been accepted by consecutive governments.