Yojana Magazine September 2023 - 3 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

 Page 1


44 September 2023
o further strengthen the provisions 
for consumer protection, especially 
in the new era of globalisation, online 
platforms, e-Commerce markets, etc., 
the Consumer Protection Act, 2019 was enacted 
to replace the Consumer Protection Act of 1986. 
It, inter alia, provides for improved protection for 
consumers involved in online transactions. The 
Consumer Protection Act 2019 has widened the 
scope of the definition of ‘consumer’ to include 
persons who buy or avail of goods or services 
online or through electronic means, which was 
not present in the Consumer Protection Act of 
1986. The Consumer Protection Act 2019 has 
T
also included a definition of advertisement as 
any audio or visual publicity, representation, 
endorsement or pronouncement made by means 
of, inter alia, electronic media, the internet or a 
website.
The CCPA has notified the Guidelines for 
Prevention of Misleading Advertisements and 
endorsements for Misleading Advertisements, 
2022, on 9  June 2022 with the objective 
of curbing misleading advertisements and 
protecting the consumers who may be exploited 
or affected by such advertisements. As per 
these guidelines, due diligence is required for 
endorsement of advertisements so that any 
coNSuMeR pRoTecTioN acT, 2019
STReNgTheNiNg pRoviSioNS 
FoR coNSuMeR pRoTecTioN
Under the provisions of the Consumer Protection Act, 2019, a Central 
Consumer Protection Authority (CCPA) has been established with 
effect from July 2020 to regulate matters, inter alia, relating to false or 
misleading advertisements that are prejudicial to the interests of the 
public and consumers as a class.
44 SePteMBer 2023
Page 2


44 September 2023
o further strengthen the provisions 
for consumer protection, especially 
in the new era of globalisation, online 
platforms, e-Commerce markets, etc., 
the Consumer Protection Act, 2019 was enacted 
to replace the Consumer Protection Act of 1986. 
It, inter alia, provides for improved protection for 
consumers involved in online transactions. The 
Consumer Protection Act 2019 has widened the 
scope of the definition of ‘consumer’ to include 
persons who buy or avail of goods or services 
online or through electronic means, which was 
not present in the Consumer Protection Act of 
1986. The Consumer Protection Act 2019 has 
T
also included a definition of advertisement as 
any audio or visual publicity, representation, 
endorsement or pronouncement made by means 
of, inter alia, electronic media, the internet or a 
website.
The CCPA has notified the Guidelines for 
Prevention of Misleading Advertisements and 
endorsements for Misleading Advertisements, 
2022, on 9  June 2022 with the objective 
of curbing misleading advertisements and 
protecting the consumers who may be exploited 
or affected by such advertisements. As per 
these guidelines, due diligence is required for 
endorsement of advertisements so that any 
coNSuMeR pRoTecTioN acT, 2019
STReNgTheNiNg pRoviSioNS 
FoR coNSuMeR pRoTecTioN
Under the provisions of the Consumer Protection Act, 2019, a Central 
Consumer Protection Authority (CCPA) has been established with 
effect from July 2020 to regulate matters, inter alia, relating to false or 
misleading advertisements that are prejudicial to the interests of the 
public and consumers as a class.
44 SePteMBer 2023 45 September 2023
such endorsement in an advertisement must 
reflect the genuine, reasonably current opinion 
of the individual, group, or organisation making 
such representation and must be based on 
adequate information about, or experience 
with, the identified goods, product, or service 
and must not otherwise be deceptive. Further, 
these guidelines state that where there exists 
a connection between the endorser and the 
trader, manufacturer, or advertiser of the 
endorsed product that might materially affect 
the value or credibility of the endorsement and 
the connection is not reasonably expected by 
the audience, such a connection shall be fully 
disclosed while making the endorsement.
The CCPA has issued advisories to, inter-
alia, e-commerce companies to desist from 
manufacturing, selling, or listing products 
or services that are dangerous to the lives of 
consumers which included the sale and listing of 
car seat belt alarm stopper clips, the illegal sale, 
and the facilitation of wireless jammers. It has also 
advised all marketplace e-commerce platforms 
to display information provided by sellers as 
per the e-Commerce rules, 2020. CCPA has also 
issued two safety notices cautioning consumers 
against buying goods that do not hold a valid ISI 
Mark and violate compulsory BIS standards, such 
as helmets, pressure cookers, and cooking gas 
cylinders, and other household goods, including 
electric immersion water heaters, sewing 
machines, microwave ovens, domestic gas stoves 
with LPG, etc.
The Consumer Protection Act 2019 
explicitly includes e-commerce transactions 
within its scope, defining e-commerce as 
the buying or selling of goods or services, 
including digital products, over a digital or 
electronic network.
To safeguard consumers from unfair trade 
practices in e-commerce, the Department 
of Consumer Affairs has already notified the 
Consumer Protection (e-commerce) rules, 
2020, under the provisions of the Consumer 
Protection Act. These rules, inter-alia, outline 
the responsibilities of e-commerce entities and 
specify the liabilities of marketplace and inventory 
e-commerce entities, including provisions for 
customer grievance redressal.
There is an emergence of unfair trade practices 
known as ‘dark patterns’, which involve using 
design and choice architecture to deceive, coerce, 
or influence consumers into making choices that 
are not in their best interest. The Department 
of Consumer Affairs has urged e-commerce 
companies, industry associations to refrain from 
indulging in any design or pattern in the online 
interfaces of their platforms that may deceive or 
manipulate consumer choices and fall into the 
category of dark patterns.                                            ?
Source: PIB
45 SePteMBer 2023
Page 3


44 September 2023
o further strengthen the provisions 
for consumer protection, especially 
in the new era of globalisation, online 
platforms, e-Commerce markets, etc., 
the Consumer Protection Act, 2019 was enacted 
to replace the Consumer Protection Act of 1986. 
It, inter alia, provides for improved protection for 
consumers involved in online transactions. The 
Consumer Protection Act 2019 has widened the 
scope of the definition of ‘consumer’ to include 
persons who buy or avail of goods or services 
online or through electronic means, which was 
not present in the Consumer Protection Act of 
1986. The Consumer Protection Act 2019 has 
T
also included a definition of advertisement as 
any audio or visual publicity, representation, 
endorsement or pronouncement made by means 
of, inter alia, electronic media, the internet or a 
website.
The CCPA has notified the Guidelines for 
Prevention of Misleading Advertisements and 
endorsements for Misleading Advertisements, 
2022, on 9  June 2022 with the objective 
of curbing misleading advertisements and 
protecting the consumers who may be exploited 
or affected by such advertisements. As per 
these guidelines, due diligence is required for 
endorsement of advertisements so that any 
coNSuMeR pRoTecTioN acT, 2019
STReNgTheNiNg pRoviSioNS 
FoR coNSuMeR pRoTecTioN
Under the provisions of the Consumer Protection Act, 2019, a Central 
Consumer Protection Authority (CCPA) has been established with 
effect from July 2020 to regulate matters, inter alia, relating to false or 
misleading advertisements that are prejudicial to the interests of the 
public and consumers as a class.
44 SePteMBer 2023 45 September 2023
such endorsement in an advertisement must 
reflect the genuine, reasonably current opinion 
of the individual, group, or organisation making 
such representation and must be based on 
adequate information about, or experience 
with, the identified goods, product, or service 
and must not otherwise be deceptive. Further, 
these guidelines state that where there exists 
a connection between the endorser and the 
trader, manufacturer, or advertiser of the 
endorsed product that might materially affect 
the value or credibility of the endorsement and 
the connection is not reasonably expected by 
the audience, such a connection shall be fully 
disclosed while making the endorsement.
The CCPA has issued advisories to, inter-
alia, e-commerce companies to desist from 
manufacturing, selling, or listing products 
or services that are dangerous to the lives of 
consumers which included the sale and listing of 
car seat belt alarm stopper clips, the illegal sale, 
and the facilitation of wireless jammers. It has also 
advised all marketplace e-commerce platforms 
to display information provided by sellers as 
per the e-Commerce rules, 2020. CCPA has also 
issued two safety notices cautioning consumers 
against buying goods that do not hold a valid ISI 
Mark and violate compulsory BIS standards, such 
as helmets, pressure cookers, and cooking gas 
cylinders, and other household goods, including 
electric immersion water heaters, sewing 
machines, microwave ovens, domestic gas stoves 
with LPG, etc.
The Consumer Protection Act 2019 
explicitly includes e-commerce transactions 
within its scope, defining e-commerce as 
the buying or selling of goods or services, 
including digital products, over a digital or 
electronic network.
To safeguard consumers from unfair trade 
practices in e-commerce, the Department 
of Consumer Affairs has already notified the 
Consumer Protection (e-commerce) rules, 
2020, under the provisions of the Consumer 
Protection Act. These rules, inter-alia, outline 
the responsibilities of e-commerce entities and 
specify the liabilities of marketplace and inventory 
e-commerce entities, including provisions for 
customer grievance redressal.
There is an emergence of unfair trade practices 
known as ‘dark patterns’, which involve using 
design and choice architecture to deceive, coerce, 
or influence consumers into making choices that 
are not in their best interest. The Department 
of Consumer Affairs has urged e-commerce 
companies, industry associations to refrain from 
indulging in any design or pattern in the online 
interfaces of their platforms that may deceive or 
manipulate consumer choices and fall into the 
category of dark patterns.                                            ?
Source: PIB
45 SePteMBer 2023 47 September 2023
emocracy as an institution has 
evolved and grown to become more 
participatory. As is well known, Indian 
democracy is the world’s largest 
because of the sheer size of the electorate. 
Democracy is imagined as a form of governance 
premised on certain fundamental philosophies. 
The foremost is that people should be a part of 
the governance structure because they are the 
subjects and beneficiaries of the governance setup. 
In addition, numerous studies have shown that 
decisions made in a group are more balanced and 
better considered than those made by individuals 
Constitutional bodies are the foundation of democracy as an 
institution. Their presence has been a critical factor in the 
resilience of Indian democracy.
since they consider multiple points of view and must 
be adjusted according to stakeholder needs.
Considering the underlying philosophy and 
structural needs of democracy, constitutional bodies 
are needed to establish, protect, and perpetuate 
democratic ideals. The most essential democratic 
body has to be the elected legislature, which makes 
laws. The Indian Parliament, where both Houses are 
directly or indirectly elected, performs this primary 
function as a constitutional body. Democracy entails 
that people will be governed by the laws they have 
had a role in making. Thus, the members of the 
legislature whom the people have elected make laws 
dR Raghav paNdey
pRoF gS Bajpai
the co-author is Assistant Professor, National Law University, delhi. 
the author is Vice-Chancellor, National Law University, delhi. email: vc@nludelhi.ac.in 
D
role of  
conStitutional  
BodieS in  
Strengthening  
deMocracy
Page 4


44 September 2023
o further strengthen the provisions 
for consumer protection, especially 
in the new era of globalisation, online 
platforms, e-Commerce markets, etc., 
the Consumer Protection Act, 2019 was enacted 
to replace the Consumer Protection Act of 1986. 
It, inter alia, provides for improved protection for 
consumers involved in online transactions. The 
Consumer Protection Act 2019 has widened the 
scope of the definition of ‘consumer’ to include 
persons who buy or avail of goods or services 
online or through electronic means, which was 
not present in the Consumer Protection Act of 
1986. The Consumer Protection Act 2019 has 
T
also included a definition of advertisement as 
any audio or visual publicity, representation, 
endorsement or pronouncement made by means 
of, inter alia, electronic media, the internet or a 
website.
The CCPA has notified the Guidelines for 
Prevention of Misleading Advertisements and 
endorsements for Misleading Advertisements, 
2022, on 9  June 2022 with the objective 
of curbing misleading advertisements and 
protecting the consumers who may be exploited 
or affected by such advertisements. As per 
these guidelines, due diligence is required for 
endorsement of advertisements so that any 
coNSuMeR pRoTecTioN acT, 2019
STReNgTheNiNg pRoviSioNS 
FoR coNSuMeR pRoTecTioN
Under the provisions of the Consumer Protection Act, 2019, a Central 
Consumer Protection Authority (CCPA) has been established with 
effect from July 2020 to regulate matters, inter alia, relating to false or 
misleading advertisements that are prejudicial to the interests of the 
public and consumers as a class.
44 SePteMBer 2023 45 September 2023
such endorsement in an advertisement must 
reflect the genuine, reasonably current opinion 
of the individual, group, or organisation making 
such representation and must be based on 
adequate information about, or experience 
with, the identified goods, product, or service 
and must not otherwise be deceptive. Further, 
these guidelines state that where there exists 
a connection between the endorser and the 
trader, manufacturer, or advertiser of the 
endorsed product that might materially affect 
the value or credibility of the endorsement and 
the connection is not reasonably expected by 
the audience, such a connection shall be fully 
disclosed while making the endorsement.
The CCPA has issued advisories to, inter-
alia, e-commerce companies to desist from 
manufacturing, selling, or listing products 
or services that are dangerous to the lives of 
consumers which included the sale and listing of 
car seat belt alarm stopper clips, the illegal sale, 
and the facilitation of wireless jammers. It has also 
advised all marketplace e-commerce platforms 
to display information provided by sellers as 
per the e-Commerce rules, 2020. CCPA has also 
issued two safety notices cautioning consumers 
against buying goods that do not hold a valid ISI 
Mark and violate compulsory BIS standards, such 
as helmets, pressure cookers, and cooking gas 
cylinders, and other household goods, including 
electric immersion water heaters, sewing 
machines, microwave ovens, domestic gas stoves 
with LPG, etc.
The Consumer Protection Act 2019 
explicitly includes e-commerce transactions 
within its scope, defining e-commerce as 
the buying or selling of goods or services, 
including digital products, over a digital or 
electronic network.
To safeguard consumers from unfair trade 
practices in e-commerce, the Department 
of Consumer Affairs has already notified the 
Consumer Protection (e-commerce) rules, 
2020, under the provisions of the Consumer 
Protection Act. These rules, inter-alia, outline 
the responsibilities of e-commerce entities and 
specify the liabilities of marketplace and inventory 
e-commerce entities, including provisions for 
customer grievance redressal.
There is an emergence of unfair trade practices 
known as ‘dark patterns’, which involve using 
design and choice architecture to deceive, coerce, 
or influence consumers into making choices that 
are not in their best interest. The Department 
of Consumer Affairs has urged e-commerce 
companies, industry associations to refrain from 
indulging in any design or pattern in the online 
interfaces of their platforms that may deceive or 
manipulate consumer choices and fall into the 
category of dark patterns.                                            ?
Source: PIB
45 SePteMBer 2023 47 September 2023
emocracy as an institution has 
evolved and grown to become more 
participatory. As is well known, Indian 
democracy is the world’s largest 
because of the sheer size of the electorate. 
Democracy is imagined as a form of governance 
premised on certain fundamental philosophies. 
The foremost is that people should be a part of 
the governance structure because they are the 
subjects and beneficiaries of the governance setup. 
In addition, numerous studies have shown that 
decisions made in a group are more balanced and 
better considered than those made by individuals 
Constitutional bodies are the foundation of democracy as an 
institution. Their presence has been a critical factor in the 
resilience of Indian democracy.
since they consider multiple points of view and must 
be adjusted according to stakeholder needs.
Considering the underlying philosophy and 
structural needs of democracy, constitutional bodies 
are needed to establish, protect, and perpetuate 
democratic ideals. The most essential democratic 
body has to be the elected legislature, which makes 
laws. The Indian Parliament, where both Houses are 
directly or indirectly elected, performs this primary 
function as a constitutional body. Democracy entails 
that people will be governed by the laws they have 
had a role in making. Thus, the members of the 
legislature whom the people have elected make laws 
dR Raghav paNdey
pRoF gS Bajpai
the co-author is Assistant Professor, National Law University, delhi. 
the author is Vice-Chancellor, National Law University, delhi. email: vc@nludelhi.ac.in 
D
role of  
conStitutional  
BodieS in  
Strengthening  
deMocracy
48 September 2023
for the people. Accordingly, an elected legislature is 
a ‘sine qua non’ for establishing and strengthening 
democracy, which functions on a majority decision-
making system. 
More importantly, democracy is not only 
premised on the philosophy of collective decision-
making as a singular idea. It is a product of the 
acknowledgement of the philosophy that an 
individual as a subject takes centre-stage in 
democratic decision-making. Consequently, this 
leads to the understanding that an individual also 
has certain fundamental or human rights that are 
inalienable and predate the advent of democracy 
or the Constitution. These rights, thus, must be 
protected at an individual level, and they cannot be 
taken away even by the majority’s will through the 
legislature. Therefore, Constitution must entrench 
these rights so that they are too sacred to be taken 
away by anyone. Our Constitution does this in Part III 
as the Fundamental r ights. To protect these rights, 
another essential constitutional body is required, in 
the form of an independent judiciary. 
The judiciary is there to address other issues 
at an individual level as well that are not limited to 
just fundamental rights. Courts, as constitutional 
bodies, have the critical function of safeguarding the 
Constitution itself, which sometimes means going 
against the people’s will. In India, the apex court 
evolved the basic structure doctrine in the case of 
His Holiness Kesvananda Bharti vs State of Kerala, 
where essential features of the Constitution were put 
beyond the amending power of the Parliament. The 
courts also keep a check on all subordinate bodies 
created through laws and other constitutional 
bodies to ensure that they perform their functions as 
prescribed. 
We have the unique distinction of having the 
world’ s largest and most comprehensive Constitution. 
Naturally, we have many more constitutional bodies 
than other jurisdictions. Our constitutional founders 
did this to ensure the rule of law system is deeply 
embedded in our governance system. Accordingly, 
the election Commission of India, the Union Public 
Service Commission, the office of the Attorney 
General of India, etc., have been given constitutional 
status. This is not to say that in other jurisdictions, 
these offices do not exist, they do, but there, they are a 
creature of the legislature instead of the constitution. 
The benefits of prescribing constitutional status 
to these bodies are manifold. Permanency begets 
consistency and predictability in the functions and 
aspirations of people approaching these bodies. All 
of these are essential features of the rule of Law, 
which every democratic system seeks to establish. 
rule of Law as a concept can be better understood by 
juxtaposing it with the opposing concept of rule by 
a King, wherein the King or the monarch can rule by 
decree and can legally make arbitrary, discretionary, 
and even whimsical decisions that will be enforced 
as law. 
In a rule of Law governance system, the 
Law is supreme, every person and institution 
is subordinate to it, and there is no scope for 
discretionary and arbitrary decision-making. For 
instance, the government’s decision must be 
justified on multiple levels. Firstly, the Parliament, 
as an elected body, needs to put that decision to 
the vote. Secondly, if even a single person feels they 
are being disadvantaged or discriminated against, 
they can challenge that law in court. This is how 
the constitutional bodies preserve the rule of Law 
and further the goals of democracy by ascribing 
constitutional status to more bodies than is done 
elsewhere. 
In a democracy, any act of the state needs to 
have legitimacy. Since constitutional bodies are state 
organs, their actions require democratic legitimacy. 
Democratic legitimacy means that an act is justified 
and legal because of the force of the will of the 
people behind it. The people elect the Parliament, 
and the laws passed by it are valid and enforceable 
because of that. Additionally, when the government 
authorises an entity to perform a particular act, that 
act will also have indirect democratic legitimacy. 
Thus, constitutional bodies must also be run by 
functionaries with democratic legitimacy, either 
directly or indirectly. 
It is evident that constitutional bodies are the 
foundation of democracy as an institution. The 
Parliament establishes the procedural requirements 
of democracy; the judiciary protects the substantive 
aspects of democracy; the eC ensures free and fair 
elections; and the UPSC and CAG also play a vital 
role in preserving democratic ideals. The presence of 
strong constitutional bodies has been a critical factor 
in the resilience of Indian democracy. These bodies 
have helped protect citizens’ rights, ensure the rule 
of law, and promote democratic values.                       ?
Page 5


44 September 2023
o further strengthen the provisions 
for consumer protection, especially 
in the new era of globalisation, online 
platforms, e-Commerce markets, etc., 
the Consumer Protection Act, 2019 was enacted 
to replace the Consumer Protection Act of 1986. 
It, inter alia, provides for improved protection for 
consumers involved in online transactions. The 
Consumer Protection Act 2019 has widened the 
scope of the definition of ‘consumer’ to include 
persons who buy or avail of goods or services 
online or through electronic means, which was 
not present in the Consumer Protection Act of 
1986. The Consumer Protection Act 2019 has 
T
also included a definition of advertisement as 
any audio or visual publicity, representation, 
endorsement or pronouncement made by means 
of, inter alia, electronic media, the internet or a 
website.
The CCPA has notified the Guidelines for 
Prevention of Misleading Advertisements and 
endorsements for Misleading Advertisements, 
2022, on 9  June 2022 with the objective 
of curbing misleading advertisements and 
protecting the consumers who may be exploited 
or affected by such advertisements. As per 
these guidelines, due diligence is required for 
endorsement of advertisements so that any 
coNSuMeR pRoTecTioN acT, 2019
STReNgTheNiNg pRoviSioNS 
FoR coNSuMeR pRoTecTioN
Under the provisions of the Consumer Protection Act, 2019, a Central 
Consumer Protection Authority (CCPA) has been established with 
effect from July 2020 to regulate matters, inter alia, relating to false or 
misleading advertisements that are prejudicial to the interests of the 
public and consumers as a class.
44 SePteMBer 2023 45 September 2023
such endorsement in an advertisement must 
reflect the genuine, reasonably current opinion 
of the individual, group, or organisation making 
such representation and must be based on 
adequate information about, or experience 
with, the identified goods, product, or service 
and must not otherwise be deceptive. Further, 
these guidelines state that where there exists 
a connection between the endorser and the 
trader, manufacturer, or advertiser of the 
endorsed product that might materially affect 
the value or credibility of the endorsement and 
the connection is not reasonably expected by 
the audience, such a connection shall be fully 
disclosed while making the endorsement.
The CCPA has issued advisories to, inter-
alia, e-commerce companies to desist from 
manufacturing, selling, or listing products 
or services that are dangerous to the lives of 
consumers which included the sale and listing of 
car seat belt alarm stopper clips, the illegal sale, 
and the facilitation of wireless jammers. It has also 
advised all marketplace e-commerce platforms 
to display information provided by sellers as 
per the e-Commerce rules, 2020. CCPA has also 
issued two safety notices cautioning consumers 
against buying goods that do not hold a valid ISI 
Mark and violate compulsory BIS standards, such 
as helmets, pressure cookers, and cooking gas 
cylinders, and other household goods, including 
electric immersion water heaters, sewing 
machines, microwave ovens, domestic gas stoves 
with LPG, etc.
The Consumer Protection Act 2019 
explicitly includes e-commerce transactions 
within its scope, defining e-commerce as 
the buying or selling of goods or services, 
including digital products, over a digital or 
electronic network.
To safeguard consumers from unfair trade 
practices in e-commerce, the Department 
of Consumer Affairs has already notified the 
Consumer Protection (e-commerce) rules, 
2020, under the provisions of the Consumer 
Protection Act. These rules, inter-alia, outline 
the responsibilities of e-commerce entities and 
specify the liabilities of marketplace and inventory 
e-commerce entities, including provisions for 
customer grievance redressal.
There is an emergence of unfair trade practices 
known as ‘dark patterns’, which involve using 
design and choice architecture to deceive, coerce, 
or influence consumers into making choices that 
are not in their best interest. The Department 
of Consumer Affairs has urged e-commerce 
companies, industry associations to refrain from 
indulging in any design or pattern in the online 
interfaces of their platforms that may deceive or 
manipulate consumer choices and fall into the 
category of dark patterns.                                            ?
Source: PIB
45 SePteMBer 2023 47 September 2023
emocracy as an institution has 
evolved and grown to become more 
participatory. As is well known, Indian 
democracy is the world’s largest 
because of the sheer size of the electorate. 
Democracy is imagined as a form of governance 
premised on certain fundamental philosophies. 
The foremost is that people should be a part of 
the governance structure because they are the 
subjects and beneficiaries of the governance setup. 
In addition, numerous studies have shown that 
decisions made in a group are more balanced and 
better considered than those made by individuals 
Constitutional bodies are the foundation of democracy as an 
institution. Their presence has been a critical factor in the 
resilience of Indian democracy.
since they consider multiple points of view and must 
be adjusted according to stakeholder needs.
Considering the underlying philosophy and 
structural needs of democracy, constitutional bodies 
are needed to establish, protect, and perpetuate 
democratic ideals. The most essential democratic 
body has to be the elected legislature, which makes 
laws. The Indian Parliament, where both Houses are 
directly or indirectly elected, performs this primary 
function as a constitutional body. Democracy entails 
that people will be governed by the laws they have 
had a role in making. Thus, the members of the 
legislature whom the people have elected make laws 
dR Raghav paNdey
pRoF gS Bajpai
the co-author is Assistant Professor, National Law University, delhi. 
the author is Vice-Chancellor, National Law University, delhi. email: vc@nludelhi.ac.in 
D
role of  
conStitutional  
BodieS in  
Strengthening  
deMocracy
48 September 2023
for the people. Accordingly, an elected legislature is 
a ‘sine qua non’ for establishing and strengthening 
democracy, which functions on a majority decision-
making system. 
More importantly, democracy is not only 
premised on the philosophy of collective decision-
making as a singular idea. It is a product of the 
acknowledgement of the philosophy that an 
individual as a subject takes centre-stage in 
democratic decision-making. Consequently, this 
leads to the understanding that an individual also 
has certain fundamental or human rights that are 
inalienable and predate the advent of democracy 
or the Constitution. These rights, thus, must be 
protected at an individual level, and they cannot be 
taken away even by the majority’s will through the 
legislature. Therefore, Constitution must entrench 
these rights so that they are too sacred to be taken 
away by anyone. Our Constitution does this in Part III 
as the Fundamental r ights. To protect these rights, 
another essential constitutional body is required, in 
the form of an independent judiciary. 
The judiciary is there to address other issues 
at an individual level as well that are not limited to 
just fundamental rights. Courts, as constitutional 
bodies, have the critical function of safeguarding the 
Constitution itself, which sometimes means going 
against the people’s will. In India, the apex court 
evolved the basic structure doctrine in the case of 
His Holiness Kesvananda Bharti vs State of Kerala, 
where essential features of the Constitution were put 
beyond the amending power of the Parliament. The 
courts also keep a check on all subordinate bodies 
created through laws and other constitutional 
bodies to ensure that they perform their functions as 
prescribed. 
We have the unique distinction of having the 
world’ s largest and most comprehensive Constitution. 
Naturally, we have many more constitutional bodies 
than other jurisdictions. Our constitutional founders 
did this to ensure the rule of law system is deeply 
embedded in our governance system. Accordingly, 
the election Commission of India, the Union Public 
Service Commission, the office of the Attorney 
General of India, etc., have been given constitutional 
status. This is not to say that in other jurisdictions, 
these offices do not exist, they do, but there, they are a 
creature of the legislature instead of the constitution. 
The benefits of prescribing constitutional status 
to these bodies are manifold. Permanency begets 
consistency and predictability in the functions and 
aspirations of people approaching these bodies. All 
of these are essential features of the rule of Law, 
which every democratic system seeks to establish. 
rule of Law as a concept can be better understood by 
juxtaposing it with the opposing concept of rule by 
a King, wherein the King or the monarch can rule by 
decree and can legally make arbitrary, discretionary, 
and even whimsical decisions that will be enforced 
as law. 
In a rule of Law governance system, the 
Law is supreme, every person and institution 
is subordinate to it, and there is no scope for 
discretionary and arbitrary decision-making. For 
instance, the government’s decision must be 
justified on multiple levels. Firstly, the Parliament, 
as an elected body, needs to put that decision to 
the vote. Secondly, if even a single person feels they 
are being disadvantaged or discriminated against, 
they can challenge that law in court. This is how 
the constitutional bodies preserve the rule of Law 
and further the goals of democracy by ascribing 
constitutional status to more bodies than is done 
elsewhere. 
In a democracy, any act of the state needs to 
have legitimacy. Since constitutional bodies are state 
organs, their actions require democratic legitimacy. 
Democratic legitimacy means that an act is justified 
and legal because of the force of the will of the 
people behind it. The people elect the Parliament, 
and the laws passed by it are valid and enforceable 
because of that. Additionally, when the government 
authorises an entity to perform a particular act, that 
act will also have indirect democratic legitimacy. 
Thus, constitutional bodies must also be run by 
functionaries with democratic legitimacy, either 
directly or indirectly. 
It is evident that constitutional bodies are the 
foundation of democracy as an institution. The 
Parliament establishes the procedural requirements 
of democracy; the judiciary protects the substantive 
aspects of democracy; the eC ensures free and fair 
elections; and the UPSC and CAG also play a vital 
role in preserving democratic ideals. The presence of 
strong constitutional bodies has been a critical factor 
in the resilience of Indian democracy. These bodies 
have helped protect citizens’ rights, ensure the rule 
of law, and promote democratic values.                       ?
51 September 2023
n the last decade, India has undertaken 
transformational reforms, with 
e-Governance models simplifying 
the citizen’s interface with the 
government and bringing the government and 
citizens closer. India’s public institutions have  
been transformed into fully digital institutions, 
which benefit millions of Indians. The Central 
Government’s e-Governance models like 
Ayushman Bharat, PM’s Jan Arogya Yojana, PM’s 
Jan Dhan Yojana, One Nation-One r ation Card, 
and Passport Sewa Kendras have been successful 
in bringing transparency and openness to 
government processes. 
The Prime Minister has adopted 
the policy of ‘Maximum Governance-
Minimum Government’, which envisages 
a ‘Digitally empowered Citizen’ and a 
‘Digitally Transformed Institution’, radically 
changing India’s governance landscape 
in scale, scope, and learning paradigms. 
In his words, “Technology has immense 
potential to bring Government and citizens 
closer. Today, technology has become a 
powerful tool to empower citizens as well 
as a medium to optimise transparency and 
accountability in day-to-day functioning. 
Through various policy interventions, we 
are strongly moving ahead towards the 
digital empowerment of citizens and the 
digital transformation of institutions.” 
I
As India celebrated its 75
th
 year of 
Independence as Azadi Ka Amrit Mahotsav, the 
Prime Minister has given a clarion call for the 
adoption of next-generation reforms to enable 
the march to Viksit Bharat. The vision of next-
generation administrative reforms envisages 
deep-rooted secretariat reforms, nationwide 
swachhata campaigns, benchmarking of 
governance and services, redressal of public 
grievances and improving service delivery, 
recognising meritocracy and replication of good 
governance practices. The organisational reforms 
coupled with significant reforms in personnel 
administration like Mission Karmayogi, lateral 
v SRiNivaS
The author is an IAS officer of 1989 batch of Rajasthan cadre serving as Secretary to Government of India, Department of Administrative Reforms and Public 
Grievances and department of Pension and Pensioners Welfare and director General National Centre of Good Governance. email: vsrinivas@nic.in
India has adopted several Next-Generation Administrative Reforms to 
improve its time-tested administrative systems for carrying out functions 
of nation building and the creation of an inclusive State. 
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