Constitutional Law of India - 1

Module 1

Topic 2Constitutionalism

By Gagan K

Constitutionalism

• This is a concept accepted not just in India, in other matured democracies as well

• A country may have– A Constitution– But not necessarily “constitutionalism”

• In a dictatorship– There may be a Constitution – Doesn’t have “constitutionalism”

Constitutionalism

• A Constitution ought (normative) to- – Not just give powers – But also >limit< them

• Constitutionalism – Puts checks and balances– Restrains the powers– Doesn’t allow arbitrary, unbridled, uncontrolled

powers

• (Aid to remember. Do not write in exam: like a horse fed with food powers it, but it has to be also controlled by tying its nose.)

Power

• Lord Acton said– “Power Corrupts,– And absolute power corrupts absolutely”

• Unlimited power is a threat to the people’s freedom

• Unlimited power means – oppressive govt.

Constitutionalism

• In essence Means– Limited Government or – Limitation on Government– Constitutionalism is the antithesis of arbitrary powers

and despotism• Constitutionalism prevails when

– Powers are limited– Decentralised– SA De Smith and Wheare have stressed on this

• Origins from– Human thoughts– Natural law of Acquinas, Grotius, Rousseau, Locke

Factors promoting constitutionalism

1. Written Constitution

2. Independent judiciary

3. Judicial review

4. Rule of law

5. Separation of powers

6. Free elections

7. Accountable, transparent and democratic govt.

8. Decentralisation of powers

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