Justice PS Narasimha of the Supreme Court recently emphasized that the constitutional vision and the objectives in the Preamble cannot be realized without investing time and effort into strengthening institutions..He asserted that working our institutions is the most effective way to uphold our Constitution.He also lamented that various factors including political interference and lack of financial and decisional autonomy were impeding institutional functioning. "The constitutional vision or preambular objectives cannot be realised if we do not invest time and effort in working our institutions. Working out institutions is the effective if not the only way of working our constitution," he said..The Supreme Court judge was delivering the Justice ES Venkataramiah Centennial Memorial Lecture organised by National Law School of India University (NLSIU), Bengaluru..Justice Narasimha outlined five paradigm shifts essential for institutional transformation. He stressed the need to move from individual to collective efforts, from discretion to accountability, from secrecy to transparency, from power to responsibility, and from reactive, intuitive decision-making to deliberative, balanced choices. These shifts are crucial for institutions to function as envisioned in the Constitution, he opined..In addition to proposing these shifts, Justice Narasimha identified six key reasons why institutions often fail to deliver or underperform.First, capacity failures, both quantitative and qualitative, undermine institutional efficiency. Many institutions are understaffed and lack domain expertise with diversity in composition often ignored. He also criticized the tendency to treat institutions as retirement homes for civil servants and judges..Second, infrastructural failures impede institutional functioning. Justice Narasimha highlighted how many bodies, such as sectoral regulators and Right to Information (RTI) institutions, operate out of inadequate facilities, face space constraints and lack digital modernization..Third, a lack of autonomy - both financial and decisional - significantly hampers institutions' ability to operate independently and hold public authorities accountable. .Fourth, enforcement failures were highlighted as a critical challenge, as institutional decisions are often non-self-executory and depend on external cooperation for implementation..Fifth, Justice Narasimha pointed to political interference as a major impediment to institutional integrity. He advocated for safeguards in the appointment, decision-making and removal processes of those at the helm to protect institutions from undue influence. .Finally, he identified overlapping mandates and poor coordination among institutions as significant factors that impair their efficiency and effectiveness..Justice Narasimha concluded by urging for a sustained conversation on institutional performance. He stressed that such discussions should not be limited to legal scholarship but should actively contribute to the practical functioning of India’s democratic Constitution.
