26 Jan 2026·Source: The Hindu

3 min

Polity & GovernanceNEWS

Constitution Under Challenge: Autonomous Bodies Threaten Constitutional Norms, Says Former Judge

Former SC judge warns autonomous bodies, including judiciary, challenge Constitution.

Photo by Anthony Garand

Former Supreme Court judge Justice B. Sudershan Reddy (retd.) stated on Sunday, 26 January 2026, that the Constitution faces challenges from autonomous institutions, including the judiciary. He cited a Madras High Court verdict related to lighting a sacred lamp as an example of institutions potentially undermining constitutional norms.

Justice Reddy also raised concerns about judicial appointments, transfers, and Governors' actions, such as refusing to read speeches given by elected governments. He criticized the inability to impeach a Governor for misconduct as a constitutional vulnerability. Additionally, he expressed concerns about the Special Intensive Revision of electoral rolls and the delimitation of constituencies.

Key Facts

Justice Reddy: Constitution faces challenges from autonomous bodies

Concerns raised: Judicial appointments, Governors' actions

Criticism: Inability to impeach Governor for misconduct

UPSC Exam Angles

GS Paper II: Constitution, Polity, Governance

Role of autonomous bodies, judicial review, Governor's powers

Statement-based MCQs, analytical mains questions

Visual Insights

Challenges to Constitutional Norms

Mind map illustrating the challenges to constitutional norms as highlighted by Justice Reddy, including issues with autonomous bodies, judicial appointments, Governor's role, and delimitation.

Challenges to Constitutional Norms

●Autonomous Bodies
●Judicial Appointments & Transfers
●Governor's Role & Powers
●Delimitation of Constituencies

More Information

Background

The concept of autonomous bodies in India has evolved significantly since independence. Initially, these institutions were envisioned as crucial for specialized functions, insulated from direct political interference. The Constitution itself provides for certain autonomous bodies like the Election Commission and the Comptroller and Auditor General, designed to ensure free and fair elections and financial accountability, respectively.

Over time, the number and scope of autonomous bodies have expanded, encompassing areas like higher education, scientific research, and regulatory functions. This expansion reflects the increasing complexity of governance and the need for specialized expertise. However, debates surrounding their autonomy, accountability, and potential for overreach have also grown, particularly concerning judicial pronouncements and the actions of constitutional functionaries like Governors.

Latest Developments

In recent years, there has been increasing scrutiny of the functioning of autonomous bodies, particularly concerning transparency and accountability. The judiciary's role in interpreting constitutional provisions and the actions of Governors have been subject to intense public and political debate. Several instances of Governors withholding assent to bills passed by state legislatures have raised questions about the balance of power between the Centre and the states.

Furthermore, judicial appointments and transfers continue to be contentious issues, with concerns raised about the independence of the judiciary. The debate surrounding the Special Intensive Revision of electoral rolls and delimitation of constituencies is also ongoing, with various stakeholders expressing concerns about fairness and representation. The future likely holds further legal challenges and political negotiations aimed at clarifying the roles and responsibilities of autonomous bodies and ensuring their adherence to constitutional norms.

Frequently Asked Questions

1. What are the key concerns raised by Justice Reddy regarding autonomous bodies in India, as highlighted in the news?

Justice Reddy expressed concerns about autonomous institutions, including the judiciary, potentially undermining constitutional norms. He specifically mentioned issues related to judicial appointments, transfers, Governors' actions (like refusing to read speeches), and the inability to impeach a Governor for misconduct.

2. For UPSC Prelims, what is the significance of knowing about the role and powers of a Governor in the context of this news?

The news highlights concerns about Governors' actions, such as refusing to read speeches given by elected governments. Understanding the constitutional provisions related to the Governor's powers, discretionary powers, and relationship with the state government is crucial for answering potential Prelims MCQs.

Exam Tip

Focus on Articles related to Governor, discretionary powers, and Sarkaria Commission recommendations.

3. What is the constitutional basis for autonomous bodies in India, and why were they established?

Autonomous bodies are established to ensure specialized functions are carried out independently, free from direct political interference. While the topic data does not explicitly provide the constitutional basis for all autonomous bodies, it mentions that the Constitution provides for bodies like the Election Commission and the CAG.

4. Explain the potential conflict between the autonomy of institutions and adherence to constitutional norms, as suggested by Justice Reddy.

Justice Reddy suggests that autonomous institutions, while meant to be independent, can sometimes interpret or act in ways that may undermine the fundamental principles of the Constitution. The example of the Madras High Court verdict related to lighting a sacred lamp illustrates how interpretations can deviate from constitutional values.

5. What are the implications of a Governor refusing to read a speech given by the elected government, as mentioned in the article?

A Governor's refusal to read a speech prepared by the elected government raises concerns about the relationship between the Governor and the state government. It can be seen as a challenge to the elected government's authority and a potential violation of constitutional conventions, leading to political instability.

6. What reforms could be implemented to address the concerns raised about the actions of Governors, as per the article?

The article mentions the inability to impeach a Governor for misconduct as a constitutional vulnerability. Therefore, one potential reform could be establishing a mechanism for holding Governors accountable for their actions, possibly through a more clearly defined impeachment process or a code of conduct.

7. Why is the issue of autonomous bodies challenging constitutional norms in the news recently?

The issue is in the news due to concerns raised by a former Supreme Court judge, Justice Reddy, regarding the actions of various autonomous bodies, including the judiciary and Governors. These concerns highlight a broader debate about the balance between institutional independence and adherence to constitutional principles.

8. What are the recent developments related to the role of Governors that are relevant to this news?

The article mentions instances of Governors withholding assent to bills passed by state legislatures. This has led to increased scrutiny of the Governor's role and powers, particularly concerning their discretionary powers and relationship with the elected state government.

9. What is the importance of understanding 'delimitation of constituencies' in the context of Justice Reddy's statement?

Justice Reddy expressed concerns about the delimitation of constituencies. Delimitation impacts the representation of different regions and communities in the legislature. Understanding the process and potential biases is important for UPSC aspirants.

10. How does the debate surrounding autonomous bodies and constitutional norms impact the common citizen?

The debate impacts common citizens because it touches upon the fairness and impartiality of institutions that are meant to serve them. If autonomous bodies are perceived as biased or acting against constitutional principles, it can erode public trust in governance and the rule of law.

Practice Questions (MCQs)

1. Consider the following statements regarding the autonomy of constitutional bodies in India: 1. The Constitution explicitly defines the extent of autonomy for all constitutional bodies, leaving no room for interpretation. 2. Financial autonomy is crucial for the effective functioning of bodies like the Election Commission and the Comptroller and Auditor General. 3. The Supreme Court has consistently upheld the principle of limited autonomy, subject to judicial review. Which of the statements given above is/are correct?

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: B

Statement 1 is INCORRECT: The Constitution provides a framework for autonomy but doesn't explicitly define the extent for all bodies, leading to judicial interpretations. Statement 2 is CORRECT: Financial autonomy, as enshrined in provisions related to Consolidated Fund of India (Article 266), is vital for independent functioning. Statement 3 is CORRECT: The Supreme Court has upheld autonomy but also asserted its power of judicial review to ensure adherence to constitutional principles (e.g., Kesavananda Bharati case).

2. In the context of the Governor's powers in India, which of the following statements is NOT correct?

A.The Governor has the power to reserve a bill passed by the state legislature for the consideration of the President.
B.The Governor is bound by the aid and advice of the Council of Ministers in all matters.
C.The Governor can appoint the Chief Minister of the state.
D.The Governor acts as the Chancellor of state universities.

Show Answer

Answer: B

Option B is NOT correct: While the Governor generally acts on the aid and advice of the Council of Ministers (Article 163), they have discretionary powers in certain situations, such as when no party has a clear majority or when the President directs them to act in their discretion. The other options are correct as per constitutional provisions and established practices.

3. Which of the following committees/commissions is/are associated with electoral reforms in India? 1. Tarkunde Committee 2. Dinesh Goswami Committee 3. Law Commission of India Select the correct answer using the code given below:

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: D

All three committees/commissions are associated with electoral reforms. The Tarkunde Committee (1974) recommended lowering the voting age to 18. The Dinesh Goswami Committee (1990) focused on state funding of elections and electronic voting machines. The Law Commission of India has submitted numerous reports on electoral reforms over the years.