figures do not include several judicial decisions that, in effect, have amended
the Constitution. Many amendments only made a cosmetic change,
(^3) merely
ensured continuance of temporary constitutional measures^4 or were introduced
to provide a constitutional plank to government policies declared unconstitutional
by the Supreme Court.^5 Moreover, these amendments might have kept
the Constitution so ‘fresh and alive’ that no major need was felt to adopt a
new constitution. Even the National Commission to Review the Working of
the Constitution (NCRWC), which was established in February 2000 ,only
recommended amendments to the existing constitution in its voluminous report
submitted in March 2002.^6
Another reason for the lengthy constitution is the adoption of an inclusive
approach to recognise the separate existence and identity of diverse groups of
people. Since states in India (with the exception of Jammu and Kashmir^7 ) do not
have their own constitutions, the Indian constitution lays down the governance
structure for all twenty-eight states and seven union territories. The Constitution
establishes a federal system with a strong centre. It allows the central government
to take over the functions of the state government if it is satisfied that the
government of a given state cannot be carried on in accordance with the consti-
tutional provisions.
8
In the past, this provision was misused for political reasons
and consequently affected centre–state relations. However, the situation has
improved significantly after the Supreme Court decision inS.R. Bommai v.
Union of India
9
and the evolution of coalition governments, which has made
the party in power at the centre dependent on the support of state or regional
political parties. Current issues that trigger centre–state frictions include law and
order, counterterrorism measures, sharing of taxes, implementation of develop-
ment projects, environmental protection, devolution of power, and inter-state
water disputes.^10
The constitution of a country reflects itspastin thepresentfor a betterfuture.
The journey of the Indian constitution can also be described in the context of
(^3) See, for example, the Constitution ( 96 th Amendment) Act 2011 , which substituted the
word ‘Oriya’ with ‘Odiya’ in the Eight Schedule to the Constitution.
(^4) Extending reservation for SCs and STs in legislative bodies every ten years provides a good
example. See the Constitution ( 8 th Amendment) Act 1959 ; the Constitution ( 23 rd Amend-
ment) Act 1969 ; the Constitution ( 45 th Amendment) Act 1980 ; the Constitution ( 62 nd
Amendment) Act 1989 ; the Constitution ( 79 th Amendment) Act 2000 ; and the Constitution
( 95 th Amendment) Act 2010.
(^5) See, for example, the Constitution ( 81 st Amendment) Act 2000 ; the Constitution ( 82 nd
Amendment) Act 2000 ; and the Constitution ( 85 th Amendment) Act 2001.
(^6) ‘Ministry of Law, Justice and Company Affairs Department of Legal Affairs’,http://lawmin.
nic.in/ncrwc/ncrwcreport.htm.
(^7) The Constitution of India, Art. 370. (^8) The Constitution of India, Art. 356.
(^9) ( 1994 ) 3 SCC 1.
(^10) See ‘Report of the Commission on Centre–State Relations (March 2010 )’, Vol. 1 ,http://
interstatecouncil.nic.in/ccsrreport 2010 .htm, pp. 87 – 93.