Present Constitution lacks basic strength:
The present constitution lacks the basic strength stated above viz popular consensus enshrined in basic laws framed by the people's representatives entrusted with that mandate and this without reference to its other merits.
Besides, the present documents are framed on a distrust of popular will, whatever be the justification put forward for that. A body of 80 thousand electors has been provided for as the base of the system in a population of more than 80 million.
Assemblies practically gave no powers:
The assemblies created on the vote of these electors have practically been given no power to decide anything. Nothing can be done by these bodies unless the President agrees. Whereas the President after the initial start can rule without any agreement of the Assembly, both in the legislative and in the executive fields.
Experiences of barely three weeks working have already demonstrated that the present scheme is unworkable unless it is radically remodeled and changed.
It is impossible to expect any genuine co-operation between the Government and the Assemblies on the present basis. The members will be tempted only to demonstrate their usefulness by turning to acute and extreme critic of the Government as they have neither any power of shaping directly the policy of the Government nor its activities. The distrust will spread into the country rendering Government more unpopular. Men of ability and independence will hardly be attracted to join such Government and administration will completely pass into the dead and soulless hands of bureaucracy.
We, therefore, urge that steps be taken to have a special body elected as soon as possible to give the country a constitution to make its acceptance unquestioned by the people.
Suitable constitution possible in six months:
With all the materials on the subject that have accumulated during the last 15 years, a constitution can be hammered out as will be suitable and will meet the peculiar problems of the country, in the course of six months at the longest.
In the circumstances of the above recommendation we purposely do not enter into the question as to whether the constitution to be so framed should be of the presidential type or parliamentary type. We are conscious that by far the largest volume of opinion is for the Parliamentary forms, The reasons are historical, far long association and experiences of the working of this system predisposes us to it.
Similarly we need hardly say much over the question whether it should be Federal or Unitary in character. This question is not so controversial either. More or less it is accepted by all shades of opinion that it has to be Federal with a majority of subjects being with the units particularly in view of our peculiar geography.
