faced by India: socioeconomic inequalities, governance gaps and environmental
pollution. The challenge of ‘governance gaps’ should be understood to encompass
a range of issues such as corruption, law and order, gender discrimination, lack of
accountability, and endemic delays in the administration of justice.
An attempt will be made to analyse the post- 2000 constitutional developments – i.e.
constitutional amendments, legislative reforms or reform proposals and prominent
judicial decisions – as a response to these three challenges. These responses were
arguably underpinned by a dominant remedial strategy. So ‘empowerment’ is the tool
employed to overcome socioeconomic inequalities, while the notion of ‘good gov-
ernance’ is considered the antidote to counter various governance gaps. Similarly,
‘sustainable development’ is the mantra to remedy environmental pollution.
The three branches of the government have responded variedly to the three
major challenges confronting the country. Whereas the legislature and the execu-
tive have been seemingly more active in bridging socioeconomic inequalities, the
judiciary has been relatively more active in redressing corruption and the problem
of environmental pollution. Although all three branches suffer from governance
gaps, the judiciary has sought to be seen both as free from these governance deficits
and also as the leader in fixing such gaps.
Apart from understanding how the constitutional jurisprudence has tried to
respond to the major challenges faced by India, the analysis undertaken in this
chapter can also be used to glean the promises and perils that constitutional law
offers in dealing with societal challenges faced in a democracy. The Indian experi-
ence shows how constitutional provisions can be invoked to deal with day-to-day
issues faced by ‘We, the people of India’. This implies, among other things, that the
values embedded in the Constitution (such as substantive equality and inclusive
development) have neither trickled down fully to the plethora of laws nor been
embraced in the right spirit by people implementing these laws.
Sectioniibegins with the constitutional scheme and the political system of
India, so as to facilitate navigation for those who may be entering this area for the
first time. Sectioniiioutlines the contours of the three identified challenges and
situates the post- 2000 constitutional developments as a remedial response to these
challenges. Sectionivoffers some concluding remarks.
ii. constitutional scheme and political system: an overview
The Indian constitution, which came into force on 26 January 1950 , is the longest
constitution in the world, with 395 articles and twelve schedules. Apart from the
length of the Constitution, in over six decades there have been 119 constitutional
amendment bills introduced, of which ninety-seven have been enacted.
2
These
(^2) ‘The Constitution (Amendment) Acts’,http://indiacode.nic.in/coiweb/coifiles/amend-
ment.htm.