Constitutional Democracy in India

The framers of the Indian Constitution were tasked with defining constitutional democracy, opting against absolute parliamentary sovereignty as seen in the British model. The Constituent Assembly established that while Parliament has the power to legislate, no law should derogate from the Constitution.

Judicial Review and Legislative Challenges

• The Supreme Court often reviews laws for constitutionality, which should be a rare exception, not a norm. 
• Issues in execution include vague definitions, incoherent clauses, and contradictions with the Constitution.

Parliamentary Procedure and Legislative Failures

• Chapter 9 of the Manual of Parliamentary Procedure outlines a thorough legislative process.
• Issues arise when bills are introduced hastily, bypassing committees, and lacking proper scrutiny.
• Example: The Transgender Persons (Protection of Rights) Act, 2019, has inconsistencies in punishment compared to similar offenses under other laws.

Need for a Constitutional Review Mechanism

• Introduction of a constitutional functionary in Parliament to guide law-making is proposed.
• Article 88 of the Constitution allows the Attorney-General for India to participate in parliamentary proceedings.
• Benefits of AG’s involvement:
  • Identifying and amending legal inconsistencies 
  • Providing non-partisan advice to lawmakers

A robust constitutional review at the parliamentary stage could prevent flawed legislation and reduce judicial intervention.