Justice PS Narasimha Photo credit: Ramakrishna Ji
“If we do not spend time and effort to make our institutions work, the constitutional vision or the objectives of the preamble cannot be realized. Rethinking Constitutional Institutions: Integrity, Efficiency, and Accountability Delivering the Second Justice ES Venkataramiah Centenary Memorial Lecture on Sunday, Supreme Court Justice PS Narasimha said, functioning institutions is an effective, if not the only, way our Constitution works.
In a lecture organized by the National Law School of India University (NLSIU), he discussed the importance of constitutionally recognized fourth-branch institutions (besides the legislature, executive and judiciary) such as the Election Commission, Comptroller and Auditor General. , Public Service Commission, and other statutory bodies.
Looking at ‘institutions’ in the context of separation of powers, Justice Narasimha observed that the traditional three branches have clearly carved out a constitutional niche for themselves.
“The custody of constitutional positions is contested, but this only emphasizes the system of checks and balances. In these contested positions, neither branch may be able to continuously review, audit and evaluate the performance of the other. We need other institutions or processes that make the traditional branches accountable, accessible and It can make it open to citizens. Citizens have the right to ask questions of traditional branches and get answers in an accountable manner,” he said.
“We need institutions that can deal with political crises, hold incumbents accountable and ensure a smooth democratic process,” he added. Such institutions are called fourth branch institutions.
Justice Narasimha listed capacity weakness, infrastructural failure, lack of autonomy, implementation failure, political interference, overlapping mandates and lack of coordination among institutions as “six non-exhaustive reasons why institutions fail or underperform”.
published – December 22, 2024 at 08:42 PM IST