Constitutionalism of the Indian Constitution
Constitutionalism of the Indian Constitution
Constitutionalism refers to the principle that government authority is derived from and limited by a body of fundamental law — the Constitution. It emphasizes limited government, rule of law, separation of powers, and protection of individual rights.
The Indian Constitution, while establishing a strong state, is deeply rooted in the concept of constitutionalism. It ensures that power is not absolute and that governance is conducted within a framework of accountability, legality, and justice.
🔹 Core Features of Constitutionalism in India
1. Limited Government
The Indian Constitution divides power between different organs — Legislature, Executive, and Judiciary — with clearly defined functions and checks.
Even Parliament cannot make laws that violate the Basic Structure of the Constitution (as ruled in Kesavananda Bharati v. State of Kerala, 1973).
2. Rule of Law
The Constitution ensures that no one is above the law, including government officials.
Article 14 guarantees equality before the law and equal protection of the laws.
3. Separation of Powers
India follows a functional separation of powers: Legislature makes laws, Executive implements them, and Judiciary interprets them.
Each organ checks the overreach of the others, reinforcing accountability.
4. Judicial Review
Indian courts have the power to review laws and executive actions to ensure they conform to the Constitution.
Judicial review protects citizens from arbitrary state action (Article 13).
5. Fundamental Rights
Part III of the Constitution grants enforceable Fundamental Rights, protecting liberty, equality, and freedom of expression.
These rights can be enforced through writ petitions under Article 32 (Supreme Court) and Article 226 (High Courts).
6. Democratic Governance
Through universal adult suffrage and regular elections (supervised by the ECI), India upholds popular sovereignty — a key component of constitutionalism.
7. Federalism
The Constitution creates a federal structure with power divided between the Centre and States (Articles 245–263).
This decentralization limits centralized authoritarianism.
8. Accountability and Transparency
Provisions like the Right to Information (RTI) Act and the functioning of constitutional bodies (CAG, EC, etc.) enhance transparency in governance.
🧭 Key Judicial Interpretations Supporting Constitutionalism
Kesavananda Bharati v. State of Kerala (1973): Introduced the Basic Structure Doctrine, limiting Parliament’s power to amend essential constitutional features.
Maneka Gandhi v. Union of India (1978): Expanded the interpretation of Article 21, linking it to fairness, justice, and reasonableness.
Indira Nehru Gandhi v. Raj Narain (1975): Asserted that free and fair elections are part of the basic structure.
Minerva Mills v. Union of India (1980): Reaffirmed the balance between Fundamental Rights and Directive Principles, defending constitutionalism.
🏛️ Conclusion
The Indian Constitution is not just a legal document but a manifestation of constitutionalism in practice. It places constraints on power, empowers citizens, and promotes the rule of law. By ensuring accountability, individual liberty, and institutional checks, it prevents authoritarianism and sustains democratic governance.
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