Experts discuss dynamics of India's constitutional democracy
Prayagraj: Dr Rajendra Prasad National Law University, Prayagraj organised a national seminar on 'Constitutional Governance: Contemporary Challenges' on Saturday. During the seminar, leading voices in legal academia critically reflected on the structural tensions and evolving dynamics of India's constitutional democracy.
The deliberations focused on urgent concerns —
judicial corruption
, the crisis of accountability, the contested process of appointment of judges, and the philosophical underpinnings of power and liberty.In her introductory remarks, vice-chancellor, NLU Prayagraj, Sr Prof (Dr) Usha Tandon expressed heartfelt appreciation to all the speakers and participants. She highlighted that constitutional governance today faces significant hurdles, notably the pervasive issue of corruption within its institutions, which erodes public trust and undermines the rule of law.
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The subtle or overt battle for supremacy among different branches of govt, she said, can disrupt the intended checks and balances, threatening the very foundation of constitutionalism. She also lauded the success of recent Operation Sindoor, citing it as a significant example of the country's commitment to constitutional governance, particularly in upholding national security and protecting its citizens. The chief guest of the seminar, VC, HNLU Raipur, prof V C Vivekanandan, took the discussion to a philosophical plane. Drawing from Montesquieu, Antonio Gramsci, Hiroshi Nishihara, and the Bhagavad Gita, he traced how the idea of separation of powers has traversed centuries and civilizations. His assertion that the Constitution is India's only shared 'religion' was a powerful reminder of its role in holding together a diverse and complex society. He invoked mythology to illustrate Montesquieu's idea that 'power must check power'. He elaborated that this principle is under threat in the contemporary political landscape.Prof Devinder Singh of Panjab University, speaking virtually, brought the spotlight on the
collegium system
and the unresolved question of judicial appointments. His argument for re-opening the debate on the
National Judicial Appointments Commission
(NJAC) was grounded in a constitutional need for transparency and checks.
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He urged the audience to consider whether any institutional structure could ever be perfect — suggesting instead that our constitutional compass must remain the doctrine of basic structure and the rule of law.Prof Uday Shankar from RGSIPL, IIT Kharagpur identified four dimensions of constitutional governance: the fragility of fundamental rights without redress, the distortion of markets by corrupt practices, the neglected model of horizontal federalism, and the creeping erosion of judicial integrity.
He delved into the discussion of corruption in a constitutional democracy, emphasising not only its legal aspects but also socio-economic aspects. He called for accountable constitutional governance, pushing the audience to rethink how democratic institutions can serve people meaningfully.The interactive session saw active engagement from students who raised thoughtful questions on the role of technology in ensuring access to justice, the need for codification of uncodified legal domains such as tort law, and the evolving nature of rights and remedies in a tech-driven society. Prof Uday Shankar responded by emphasising the transformative but cautious integration of technology in judicial processes, warning against over-mechanisation while encouraging innovation like digital filing and open court platforms. Prof Devinder Singh linked the demand for codification to legal certainty and clarity, particularly in areas like torts where ambiguity often results in inconsistent outcomes.
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