Challenges before the Indian Constitution and Parliamentary Democracy

Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 57 Challenges before the Indian Constitution and Parliamentary Democracy Dr. B. M. Dahalake Asso. Prof & HOD, Political Science Raje Ramrao Mahavidyalaya, Jath Dist.Sangli Email: [email protected] Manuscript ID: JRD -2025-170914 ISSN: 2230-9578 Volume 17 Issue 9 (V) Pp. 57-60 Sept. 2025 Submitted:15 Aug. 2025 Revised: 25 Aug. 2025 Accepted: 10 Sept. 2025 Published: 30 Sept. 2025 Abstract The Indian Constitution, inspired by global democratic traditions and rooted in indigenous values, has served as the backbone of the world’s largest parliamentary democracy since 1950. Despite its comprehensive framework and enduring adaptability, the system faces persistent challenges that threaten its democratic ethos. These include the criminalization of politics, corruption, communalization, excessive use of money and muscle power in elections, weakening of parliamentary functioning, federal tensions, judicial-executive conflicts, and threats to secularism. These issues erode public trust, reduce accountability, and weaken democratic institutions. Addressing these challenges requires legal reforms, political will, value-based education, and active citizen participation. Strengthening parliamentary democracy is essential to preserve constitutional values and ensure inclusive national development. Keywords: Parliament, Democracy, Constitution and Administration. Introduction: Parliamentary democracy is the one of the most famous governmental system is found in the world politics and get originated in Britain. It is based on supremacy of parliament which consists of mainly two houses namely UPPER HOUSE and LOWERHOUSE. Upper house represents the states or units or special classes of the nation and Lower house represents or elected by the common people of that nation. For example – Britain the mother of parliamentary democracy, also called as west minister model of government consists of two houses namely House of Lords as Upper House and House of Commons as Lower House and also British Crown transferred through hereditary. In Indian scenario, after the freedom struggle of 300years of long blood and sweat of Indians got independence on 15th August 1947 and implemented their own Constitution on 26th January 1950. Members of Constituent Assembly inspired and influenced by world’s contemporary politics, especially French, Russian and American Revolutions and various Constitutions of the world. The Britain though cruelly ruled India as a colony for their economic gains and benefits also influenced by its political system and administrational mechanism. These are inspirations, Indian local customs and traditions along with greatest contributions and unmatchable leadership of Dr. B R Ambedkar the Constitution of India framed and implemented. The Preamble of Constitution of India indicates and declares India is a – Sovereign, Socialist, Secular, Democratic and Republic with the base of Parliamentary Supremacy. The Indian parliament consists of The President of India, and the two houses, called as Counsil of States i.e Rajya Sabha is a Upper house and represents Indian States and House of the People i.e Lok Sabha is a Lower house which is elected by the common public. The Indian Constitution, drafted with the vision of creating a sovereign, socialist, secular, and democratic republic, is among the most detailed constitutions in the world. Over the years, the Constitution has evolved through amendments, judicial interpretations, and political discourse. However, despite its adaptability, it faces numerous challenges that threaten its foundational principles. This paper aims to analyze some of the major concerns and challenges that confront the Indian Constitution today. Quick Response Code: Website: https://jrdrvb.org/ DOI: Creative Commons (CC BY-NC-SA 4.0) This is an open access journal, and articles are distributed under the terms of the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License, which allows others to remix, tweak, and build upon the work noncommercially, as long as appropriate credit is given and the new creations ae licensed under the idential terms. Address for correspondence: Dr. B. M. Dahalake, Asso. Prof & HOD, Political Science Raje Ramrao Mahavidyalaya, Jath Dist.Sangli How to cite this article: B. M. Dahalake (2025). Challenges before the Indian Constitution and Parliamentary Democracy. Journal of Research & Development, 17(9), 57-60 Original Article Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 58 These include the issues of judicial independence, secularism, federalism, electoral integrity, reservations, privacy rights, and the Uniform Civil Code. By examining these issues through constitutional provisions, case laws, and legislative developments, this study seeks to offer insights into how these challenges can be addressed while preserving the spirit of the Constitution. Objectives Of The Study: 1. To understand the meaning of Parliamentary democracy in its different aspects; 2. To identify major problems, issues and challenges being faced by Indian democracy; 3. To analyze the corrective measures for improving the Indian democratic system. Parliamentary Democracy Issues All stakeholders have to work unitedly to find lasting solutions to safeguard parliamentary democracy from the tremendous strains experienced today and to strengthen it. India had the great benefit of starting its journey under the leadership of Jawaharlal Nehru during the defining years of its freedom, and a great line-up of visionary and sagacious men and women provided effective leadership in the task of consolidating democracy and in laying the institutional foundations of the republic. Jawaharlal Nehru, as president of the Indian National Congress, declared in 1936 that India’s ultimate objective was “the establishment of a democratic state,” a sovereign state which would promote and foster “full democracy” and usher in a new social and economic order. A study indicated that in the first three years of the 14th Lok Sabha, 26 per cent of parliamentary time has been lostdue to disruptions. During the budget session this year, the Lok Sabha lost 73 hours (34 per cent of its time) due to disorder. Only 11 of the slotted 25 Bills were passed in the monsoon session. In that session, the Lok Sabha lost 40 per cent of its time due to adjournments, and the Rajya Sabha lost 49 per cent. Four Bills were passed without discussion in the Lok Sabha. If the Lok Sabha worked 124 hours in the monsoon session of 2006, it worked only 65 hours in the monsoon session of 2007. Each minute of parliamentary time costs the public exchequer to the tune of about Rs.26,000. Intolerance, divisiveness, corruption, confrontations and disrespect to dissent are increasingly vitiating our socio-political system. Added to this is the attempt by some institutions to malign and marginalize important people’s forums with intent to occupy larger space than what is ideally feasible or constitutionally permissible in a representative democratic system. Judicial activism is sought to be justified because of the perceived decline in the effectiveness of parliamentary accountability. Frequent interventions in the exclusive jurisdiction of the legislature will only contribute to further eroding the authority of Parliament. By expelling 10 MPs for their involvement in the ‘cash-for-query’ scam, and by suspending others for different periods for various misdemeanors, Parliament has set an example. But these initiatives are not projected properly to help enhance people’s respect for democratic institutions. It can also be argued that power is more evenly spread out in parliamentary government. The prime minister is seldom as important as a ruling president, and there tends to be a higher focus on voting for a party and its political ideas than voting for an actual person. In his 1867 book The English Constitution, Walter Bagehot praised parliamentary government for producing serious debates, for allowing change in power without an election, and for allowing elections at any time. Bagehot considered the four-year election rule of the United States to be unnatural. Parliamentary democracy in India has become a farce. For the proper working of parliamentary democracy many pre-requisites are needed; till the leaders are responsible and conscious of their duties and responsive to the public opinion. Democracy itself will not be stable. But it is more so in the case of parliamentary democracy because the Council of Ministers should be responsible to the Parliament and should also take into consideration the voice of the people. If they start ignoring what the people want the Government will become dictatorial in its behavior. Major Challenges 1. Criminalization of Politics: The criminalization of politics refers to the increasing participation of individuals with criminal backgrounds in electoral politics. It is one of the gravest challenges to Indian democracy, as it undermines the principles of free, fair, and clean politics. When elected representatives have pending criminal cases, it not only weakens governance but also erodes public trust in democratic institutions. Criminalization of politics is a serious threat to the world’s largest democracy. While judicial interventions and reforms have been introduced, much depends on the political will of parties and the awareness of citizens. A vigilant electorate, stronger legal framework, and transparent political system are essential to curb this menace and strengthen the foundations of democracy. As per recent reports of Association for Democratic Reforms, significant members of parliament are having criminal background and charges of murder, rape and severe criminal offences. 2. Corrupt Practices: A deep routed corruption is the evil of Indian democratic system which starts from election campaigning and continues through end of government tenure. Corruption refers to the abuse of power for personal gain. In politics, administration, or business, corrupt practices weaken governance, reduce efficiency, and erode public trust. The term “corrupt practices” is also used in election laws to describe unethical or illegal activities during elections. Political Corruption Bribery for favors in contracts, licenses, or clearances. Selling government positions or transfers. Favoritism and nepotism in appointments. Corrupt practices, whether in politics, elections, or administration, weaken the foundations of democracy and development. Eliminating corruption requires not only strong laws and Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 59 institutions but also political will and public participation. A transparent, accountable, and ethical governance system is the key to building a just and equitable society. 3. Politics of Communalization: The politics of communalization refers to the deliberate use of religion, caste, or community identities for political mobilization. Instead of addressing issues like development, education, or employment, political parties exploit communal sentiments to gain votes. This practice weakens secularism, fuels hatred, and threatens national unity. The politics of communalization poses a grave threat to India’s democracy, secularism, and unity. While laws exist to curb such practices, true change requires political will and voter awareness. Only when citizens reject divisive politics and demand issue-based governance can India strengthen its democratic and secular fabric. 4. Regionalism and Separatism: Demands for regional autonomy and identity-based politics. Sometimes leads to violent movements and weakens national unity. 5. Money and Muscle Power in Elections: Excessive election expenditure, vote-buying, and intimidation. Elections are the foundation of democracy. However, in India, electoral processes are increasingly dominated by money power (excessive use of wealth) and muscle power (use of intimidation and criminal influence). These practices undermine free and fair elections, distort voter choice, and weaken democratic values. Money Power in Elections High Election Expenditure – Candidates spend far beyond the prescribed limits on campaigning. Vote Buying – Distribution of cash, liquor, or gifts to lure voters. Corporate Donations – Big businesses fund parties in return for favorable policies. Use of Black Money – Illicit funds are often used for campaigning. Media and Advertising Domination – Wealthy candidates control narratives through large-scale publicity. Muscle Power in Elections Intimidation of Voters – Threatening or coercing voters, especially marginalized communities. Criminalization of Politics – Candidates with criminal records contesting and winning elections. Booth Capturing & Rigging – Though reduced with technology, still a concern in some regions. Use of Violence – Clashes, riots, and use of local goons to influence outcomes. Creates an uneven playing field and undermines free and fair elections. 6. Weakening of Parliamentary Functioning: The Parliament of India is the supreme legislative body responsible for law-making, accountability, and representing the will of the people. However, over the years, its effectiveness has been questioned due to frequent disruptions, decline in debates, and the growing dominance of the executive. This weakening of parliamentary functioning poses a serious challenge to Indian democracy. Parliament is the heart of India’s democracy, but its weakening functioning reduces its role to a symbolic institution rather than a deliberative body. Restoring parliamentary dignity requires reforms in procedures, commitment from political parties, and greater responsibility from members. A strong and vibrant Parliament is essential for safeguarding constitutional democracy. Disruptions, walkouts, and lack of debate in legislatures. Decline in quality of law-making and accountability of government. 7. Challenges to Federalism: India has a quasi-federal system with a strong center and autonomous states. The Constitution balances unity and diversity through distribution of powers between Union and States. However, Indian federalism faces several challenges due to political, economic, and social factors. Major Challenges to Federalism Centralization of Power The Union often dominates states in subjects like law & order, education, and taxation. Use of central agencies (CBI, ED, NIA) sometimes creates tension with states. Governor’s Role Governors are appointed by the Centre but act in states, leading to political conflicts. Often accused of being “agents of the Centre.” President’s Rule (Article 356) Misuse of Article 356 in the past to dismiss state governments on political grounds. Financial Imbalances Centre controls major sources of revenue while states depend on central transfers (Finance Commission, GST Council). Creates friction over resource allocation. Inter-State Water and Border Disputes Conflicts over rivers (e.g., Cauvery, Krishna, Ravi-Beas) and state boundaries (e.g., Assam-Mizoram, Maharashtra-Karnataka). Regionalism and Separatism Demands for greater autonomy or even separate states (e.g., Gorkhaland, Bodoland). Sometimes leads to violence and instability. Political Rivalry between Centre and States Different parties ruling at the Centre and states often clash over policies, implementation, and language issues. Centre-state disputes over resources, language, and powers. 8. Judiciary-Executive Tensions: The Indian Constitution provides for the separation of powers among the legislature, executive, and judiciary. While checks and balances are essential for democracy, frequent tensions between the judiciary and executive create governance challenges. These conflicts usually revolve around the appointment of judges, judicial activism, and limits of executive authority. Major Problems in Judiciary–Executive Tensions Judicial Appointments The dispute over the Collegium System (judges appointing judges) vs. the NJAC (National Judicial Appointments Commission). Executive demands a greater say in appointments; judiciary insists on independence. Judicial Overreach / Activism Judiciary sometimes intervenes in policy-making (e.g., environmental, administrative, and economic matters).Executive accuses judiciary of encroaching on its domain. Delays in Judicial Appointments Conflicts between the government and judiciary cause vacancies in High Courts and Supreme Court. Leads to case backlogs and weaker justice delivery. Ordinances and Executive Actions The executive often uses ordinance powers to bypass Parliament. Judiciary reviews such ordinances and may strike them down, leading to friction. Contempt of Court vs. Freedom of Speech Executive leaders sometimes criticize judicial decisions. Judiciary reacts strongly under contempt laws, raising questions of accountability. Public Interest Litigations (PILs) PILs have expanded judicial Journal of Research and Development A Multidisciplinary International Level Referred and Double Blind Peer Reviewed, Open Access ISSN : 2230-9578 | Website: https://jrdrvb.org Volume-17, Issue-9(V)| September 2025 60 power into governance areas. Executive feels constrained by court directions in administrative matters. Judicial Review of Policies Courts have struck down executive decisions (e.g., constitutional amendments, bans, or economic policies). Executive perceives this as obstruction to governance. Conflicts between judicial activism and parliamentary supremacy. Raises questions on separation of powers and constitutional balance. 9. Challenges to Secularism: Secularism in the Indian Context Secularism is enshrined in the Preamble and protected under Articles 25-28. However, political and social conflicts have often threatened India's secular fabric. Secularism, in its true sense, means that all religions are equal in the eyes of the state and that the government does not favor or discriminate against any particular religion. In India, this concept ensures that the state treats all religions with equal respect while allowing individuals the freedom to practice, propagate, and manage their religious affairs. Unlike the Western model, which often emphasizes a strict separation between religion and the state, Indian secularism follows a principle of equal treatment rather than complete detachment. The Indian Constitution upholds secularism through Articles 25-28, which guarantee religious freedom while imposing reasonable restrictions in the interest of public order, morality, and health. The 42nd Amendment (1976) explicitly included the word "secular" in the Preamble, reinforcing the commitment to religious neutrality. The Supreme Court, in S.R. Bommai v. Union of India (1994), ruled that secularism is a part of the Basic Structure Doctrine, meaning it cannot be altered even through constitutional amendments. However, issues like communal politics, religious-based reservations, and debates on the Uniform Civil Code continue to challenge India's secular framework. Remedies: 1. Ban on Candidates who had criminal background. 2. Strict rules and punishment for political corruption. 3. Ban on politics of communalization. 4. Equal concentration on all regions. 5. Inclusion of educational and other qualifications in politics. 6. Political reforms. 7. Ethical and value-based education. 8. Awareness to public towards politics. 9. Setting up of Fast Track Courts to handle Political Scams. Conclusion: Being a biggest democracy in the world, India passed 75 years of parliamentary system of government through minimum successes and most of failures. It failed to uplifting the poor, women and down trodden people even after becoming “VishawaGuru” or 5th largest economy in the world. Most percentage of the Indian population still suffering from poverty, growing unemployment, under development and lack of minimum essentials to lead a good and qualitative life. The Indian politics surrounded by rightist, leftist and centrist approaches rather than welfare of public and development of India. Here it is the good time for reforms and changes in politics with the empowerment of Indian Public through valid political education and awareness about the importance of active political participation. The Indian Constitution and parliamentary democracy have successfully sustained for more than seven decades despite immense challenges. However, the rising trends of corruption, communalism, political opportunism, and weakening of parliamentary practices need urgent reforms. The strength of India’s democracy depends not only on constitutional safeguards but also on political will, institutional integrity, and an aware citizenry. Safeguarding democracy requires collective responsibility from leaders, institutions, and people alike. India has a lengthy written Constitution, a federal distribution of powers and a list of fundamental rights. Therefore parliamentary law to be valid must confirm in all respects with the constitution. References: 1. Subash Kashyap: Our Parliament, Vision IAS Publications, New Delhi, 2023. 2. Devendra Singh: The Indian Parliament – Beyond the Seal and Signature of Democracy, Universal Law Publications, New Delhi, 2016. 3. Dr. K S Chauhan: Parliament – Powers, Functions and Privileges, LexisNexis, Delhi, 2013. 4. Subash Kashyap: History of Indian Parliament, Radha Publications, Delhi, 2008. 5. H.M. Seervai. (2013). Constitutional Law of India (4th ed.). Universal Law Publishing. 6. Indian Law Institute. (2019). Judicial Review in India. Lexis Nexis. 7. Law Commission of India. (2018). Report on Uniform Civil Code. Retrieved from http://lawcommissionofindia.nic.in 8. Nariman, F. S. (2016). The State of the Nation. Hay House India. 9. Noorani, A. G. (2011). Constitutional Questions and Citizens’ Rights. Oxford University Press. 10. http://www.telegraphindia.com/1070401/asp/7days/story_7589882.asp 11. The Hindu, Parliamentary democracy & some challenges