The Constitution Review Commission's report proved futile. The commission danced around a few trees. But it missed the wood. Perhaps jurists and bureaucrats are unsuited to reform constitutions. Constitutions are understood by rulers who appreciate the architecture of governance. Napoleon understood power and governance. The Council of States conceived by him survives in France after two centuries. His ideas on constitutional institutions have been co-opted by many nations.
The most glaring distortion in our system was ignored by the Commission. It relates to the role of the President. Federalism, indeed democracy itself, has become a farce here because of this distortion. Nowhere does the Constitution specify the powers of the prime minister except to state that he must "communicate" to the President all decisions of the council of ministers relating to "administration and legislation". For the rest, the Constitution merely describes the PM as the head of the council of ministers. Yet the PM exercises all powers. The Constitution specifies far-reaching powers for the President. Yet the President exercises none.
The experts attribute this to the parliamentary system. But the Constitution says that Parliament consists of "the President and two Houses". Our President therefore is part of the parliamentary system. He can address either or both Houses whenever he wants. Since the PM attends Parliament, clearly the President's intervention would not be at his bidding.
True, the President must abide by the advice of the council of ministers. But so must the prime minister. The difference being that the prime minister presides over the council's meetings and the President does not. But the PM must report its proceedings to the President. The President can order the cabinet to discuss any minister's decision that has not been considered by it. The prime minister cannot dismiss any minister without cabinet approval. The President can.
But enough! The Constitution clearly indicates that our elected President is unlike the British sovereign. Perceptions must change. In 1950, the Congress ruled everywhere. Today there is multi-party rule. As the only elected representative of all states, the President must assert himself. The relationship between the President and PM must evolve into that of chairman and chief executive. Unless the Constitution is suitably reappraised, crises such as in Gujarat will continue to proliferate. The system will continue to crumble.
The law is an ass,
We have made it so,
Politicians are crass,
Their motives are low!
