NLU Prayagraj Hosts A National Seminar On 'Constitutional Governance: Contemporary Challenges'

Dr. Rajendra Prasad National Law University, Prayagraj organised a National Seminar on “Constitutional Governance: Contemporary Challenges” on May 10, 2025. In this seminar leading voices in legal academia reflected on the tensions and dynamics of India's constitutional democracy. The deliberations focused on concerns — judicial corruption, the crisis of accountability, the contested process of appointment of judges, and the philosophical underpinnings of power and liberty.

In her Introductory Remarks, Sr. Prof. (Dr.) Usha Tandon, VC, NLU Prayagraj, expressed appreciation to all the speakers and participants and highlighted that constitutional governance today faces significant hurdles, notably the issue of corruption within its institutions, which erodes public trust and undermines the Rule of Law. The subtle or overt battle for supremacy among different branches of government, she said, can disrupt the intended checks and balances, threatening the very foundation of constitutionalism.

Chief Guest of the seminar, Prof. V. C. Vivekanandan, VC, HNLU Raipur, took the discussion to a philosophical plane. Drawing from Montesquieu, Antonio Gramsci, Hiroshi Nishihara, and the Bhagavad Gita, he traced how the idea of separation of powers has traversed centuries and civilizations. His assertion that the Constitution is India's only shared “religion” was a reminder of its role in holding together a diverse and complex society. He invoked mythology to illustrate Montesquieu's idea that “power must check power”. He elaborated that this principle is under threat in the contemporary political landscape.

Prof. Devinder Singh, Panjab University, speaking virtually, brought the spotlight on the collegium system and the unresolved question of judicial appointments. His argument for re-opening the debate on the National Judicial Appointments Commission (NJAC) was grounded not in nostalgia but in a constitutional need for transparency and checks. He urged the audience to consider whether any institutional structure could ever be perfect — suggesting instead that our constitutional compass must remain the doctrine of basic structure and the Rule of Law.

Prof. Uday Shankar from RGSIPL, IIT Kharagpur identified four dimensions of constitutional governance: the fragility of fundamental rights without redress, the distortion of markets by corrupt practices, the neglected model of horizontal federalism, and the creeping erosion of judicial integrity. He delved into the discussion of corruption in a constitutional democracy emphasising not only its legal aspects but also socio-economic aspects. He called for accountable constitutional governance, pushing the audience to rethink how democratic institutions can serve people meaningfully.

The interactive session saw engagement from students who raised questions on the role of technology in ensuring access to justice, the need for codification of uncodified legal domains such as tort law, and the evolving nature of rights and remedies in a tech-driven society. Prof. Uday Shankar responded by emphasizing the transformative but cautious integration of technology in judicial processes, warning against over-mechanization while encouraging innovation like digital filing and open court platforms. Prof. Devinder Singh linked the demand for codification to legal certainty and clarity, particularly in areas like torts where ambiguity often results in inconsistent outcomes. Prof. Vivekanandan encouraged students to view technology as a tool, not a substitute, for constitutional values, urging critical scrutiny over blind adoption.

Prof. Usha Tandon aptly stated at the close of the session, “Such intellectually rigorous seminars not only expose our students to the pressing constitutional debates of our times, but also nurture in them a critical consciousness that is essential for the making of responsible, ethical legal professionals and engaged citizens.”