Strengthening Fourth Branch Institutions in India: Challenges and Way Forward

What’s in today’s article?

• Why in News?
• Fourth branch institutions in India
• Key Highlights of Justice P S Narasimha’s Speech

Why in News?

While delivering a speech, Supreme Court judge Justice P S Narasimha said that fourth branch institutions should not be retirement homes for civil servants and judges.

Justice Narasimha was delivering the second edition of the Justice ES Venkataramiah Centennial Memorial Lecture organised by National Law School of India University in Bengaluru.

Fourth Branch Institutions in India

• About
  • Fourth branch institutions refer to constitutionally or statutorily created bodies that function independently of the executive, legislature, and judiciary to uphold accountability, transparency, and democracy.
  • These institutions act as watchdogs, ensuring that power is not concentrated in any single branch of government.
  • E.g., the Election Commission of India (ECI), Comptroller and Auditor General (CAG), Central Information Commission (CIC), and Central Vigilance Commission (CVC) etc.
• Significance
  • These institutions hold immense significance.
  • The ECI ensures free and fair elections, bolstering democracy.
  • Similarly, the CAG's audit of the 2G spectrum allocation and coal block allocation exposed large-scale irregularities, spurring public debate on corruption.
• Concerns
  • Allegations of partisanship against the ECI during certain elections, such as delayed action on violations of the Model Code of Conduct, raise concerns about its autonomy.
  • The CAG, too, has faced criticism for delays in audits and alleged overestimation of losses.
  • Furthermore, institutions like the CIC suffer from vacancies and delays in hearing appeals, reducing their effectiveness.
• Conclusion
  • Strengthening these institutions is crucial to safeguard democracy.
  • Ensuring independence through transparent appointment processes, sufficient funding, and protection from political interference is vital.
  • Stronger fourth branch institutions will enhance governance, restore public trust, and ensure accountability in a rapidly evolving democratic landscape.

Key Highlights of Justice P S Narasimha’s Speech

• Significance of Fourth Branch Institutions
  • Justice Narasimha emphasized the critical role of fourth branch institutions such as the EC, CAG, Public Service Commissions, and National Commissions for SCs, STs, and OBCs.
  • He underlined their importance in ensuring accountability and governance, as envisioned by the Constitution's framers.
• Challenges Facing Fourth Branch Institutions
  • Domain Expertise and Capacity Building: Justice Narasimha pointed out that domain expertise and institutional capacity are often neglected.
  • Diversity in Composition: He highlighted the lack of diversity in these institutions' composition.
  • Avoiding Retirement Homes: Justice Narasimha cautioned against turning these bodies into retirement homes for civil servants and judges, advocating for merit-based appointments.
• Election Commission’s Independence
  • He lauded the foresight of the Constitution's framers in creating the Election Commission as an independent body, free from executive control, to ensure fair and impartial elections.

Q.1. Why are fourth branch institutions significant in India?

Fourth branch institutions, such as the Election Commission and CAG, uphold democracy by ensuring accountability and transparency. For example, the CAG’s audits have exposed large-scale corruption in cases like the 2G spectrum allocation.

Q.2. What are the challenges faced by fourth branch institutions in India?

Key challenges include lack of domain expertise, insufficient diversity, and political interference. Allegations of partisanship against the Election Commission and delays in CAG audits highlight the need for reforms to strengthen these institutions.

News: Fourth branch institutions shouldn’t be retirement homes for civil servants, judges: Justice Narasimha | National Law School