This article has been written by kommula vikram of Lloyd law college
The concept of constitutionalism is the mechanism that gives legitimacy to democratic government. It cannot and should not be confused with the legality of the actions of officials in government structures.Constitutionalism is far more important than a written constitution. With a few exceptions, most countries have constitutions, but that doesn’t mean they practice constitutionalism by any means. Some of the basic principles developed over time to embody the concept of constitutionalism are separation of powers, judicial control and accountable government. In India, constitutionalism is seen as a natural consequence of the country’s fundamental governance.
The Constitution of India has developed detailed and robust mechanisms through various laws to set the administrative mechanisms for the smooth functioning of government agencies.
However, due to various factors, the distance between the government and its subjects is increasing year by year. The rich are getting richer, the poor are surrendering to their own destinies, and regions that were backward 60 years ago remain untouched.
The concept of constitutionalism was introduced by Rameshwar Prasad v. Indian Commonwealth. The court ruled that: “Constitutionalism, or the constitutionalist system of government, abhors absolutism.
In IR Coehlo v. Tamil Nadu, the court held that constitutionalism is a legal principle that must govern the exercise of government power in order to ensure that the democratic principles on which the government is formed are not subverted. has ruled that it is. Chandrachud, CJ said in his Minerva Mills case:
constitutional principle
Constitutionalism is an amalgamation of the following basic principles:
separation of powers
Separation of powers divides the machinery of government into her three branches: legislative, executive, and judicial. This creates a system of checks and balances as well as prevents monopolies of power. This separation of powers is enshrined in the Constitution itself, making it a powerful tool for securing constitutionalism.
responsible government
In a democratic system, governments are elected so that they can serve those who support their elections. In this sense, voters have the right to demand accountability and answers from the government. Therefore, if the government fails to meet the expectations of voters, the power of the government is revoked by voting.
sovereignty of the people
The concept of popular sovereignty states that government derives its legitimacy from its people. No legal or natural person may exercise any power not expressly issued. There are specific sovereigns who have the power to govern, but ultimate sovereignty rests with the state. The power of such sovereign institutions emanates from the masses. rule of law
The existence of the rule of law means that government belongs to the law, not to humans. Dicey identifies his three key elements of the rule of law.
No one is punishable except for specific offenses established through regular legal channels in regular courts.
No one is above the law.
Courts play an important role in protecting the rights and freedoms of individuals.
independent judiciary
Judicial independence is the essence of liberal democracy and the foundation of a free society. The judiciary is the defender of the rule of law, and when judicial independence is taken away, the entire rule of law is in jeopardy. The constitution also provides for the separation of the judiciary and the executive under Article 50.
individual rights
For constitutionalism to thrive, individual rights must be at the highest pedestal. The constitutional order of India gives these rights the importance they deserve by enshrining them in Part 3 of the Constitution. These individual rights have not only been protected by the courts, but have been interpreted in ways that extend their influence and enforcement. The exercise of these rights is guaranteed by the Constitutional Court. H. Supreme Court and Supreme Court.
civilian control over the military
Apart from these features, constitutionalism stipulates that the control of the military should be in the hands of civilian governments so that the military does not interfere with democratic decision-making or attempt a military coup. increase.
police accountability
Constitutionalism also stipulates that the police should protect the rights, liberties and dignity of individuals in the performance of their duties. This can be ensured by keeping the police under the control of law and courts.
The concept of constitutionalism exists and flourishes in all functioning democracies. Over the years, however, governments have learned to use government machinery for their own benefit, not for the benefit of their citizens. By allowing corporate interests to enter the policy-making process through the back door, governments have distorted the policy-making process whose primary objective is the well-being of more people. The very instruments adopted to guarantee the rights of individuals are used to oppress and disenfranchise them.
The problem is that the constitution cannot interpret itself, but must be interpreted by men in power.
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