Policy Watch: Constitutional Values and Democratic Institutions – February 2021

The RGICS study examines ten landmark rights-based laws enacted between 2004 and 2016—including the RTI Act, MGNREGA, Forest Rights Act, and Right to Education Act—which collectively form a transformative “Bill of Rights” for India’s marginalized citizens. These laws codified constitutional principles (like livelihoods under Article 19(c) and life under Article 21) into enforceable entitlements, advancing the Preamble’s vision of justice, equality, and dignity.

Most legislations emerged from extensive deliberations by the National Advisory Council (NAC), a civil society-led body under UPA Chairperson Sonia Gandhi, except the Unorganised Workers’ Social Security Act, which originated from the Arjun Sengupta-led NCEUS. Despite robust frameworks, implementation over 7–15 years has been uneven. While MGNREGA saw significant budgetary support (₹1.2 lakh crore in 2020–21) and institutionalization, others like the Forest Rights Act and RTI faced dilution or bureaucratic delays, limiting their impact on ground-level equity.

The study, conducted by Arnab Bose under RGICS Director Vijay Mahajan’s guidance, evaluates each law’s status in 2020–21, highlighting gaps between intent and outcomes. Challenges include state-level adoption hurdles (e.g., Land Acquisition Act amendments), underfunding, and weak enforcement. Originally planned as stakeholder consultations, pandemic constraints restricted research to desk reviews and telephonic interviews.

The review offers actionable recommendations for governments and civil society to strengthen implementation, emphasizing the need to realize these laws’ transformative potential. Despite constraints, the study provides a critical assessment of India’s rights-based governance journey, underscoring the enduring relevance of these legislations in achieving constitutional promises.

Policy Watch: Constitutional Values and Democratic Institutions – February 2021

 

 

 
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