Constitutionalism: The Bedrock of Indian Polity(UPSC)

Why do nations require a Constitution?

In any society, people must exercise power with care. Governments can be a form of tyranny, even if they start out with the best of intentions. This is one of the reasons why democracies around the world adopt Constitutions—not just as legal documents, but as frameworks they refer to, define power through, limit authority with, and use to legitimize governance.

Constitutionalism is the principle underlying this concept. Constitutionalism requires that the government acts according to law, respects freedoms, and is answerable to the people.

In this blog, we will look at:

• The difference between common law and the Constitution.
• The difference between written and unwritten constitutions.
• And most importantly the principles of constitutionalism and why it is necessary for supporting democracy.

Constitutionalism

The great Abraham Lincoln stated:

“Nearly all men can stand adversity, but if you want to test a man’s character, give him power.”

Constitutionalism means that the government must exercise its powers within defined limits and under the rule of law.. It makes it clear that people in power are not above the law and anything they do must be based in law.

In other words, constitutionalism holds that the government must not wield unlimited power—its authority should be constrained to protect the rights and liberties of the people.

Read Constitutional morality

Key Characteristics of Constitutionalism

1. Limited Government- The government may not act arbitrarily or outside the limits of authority conferred by the Constitution; it must operate within a prescribed legal regime.
2. Rule of Law– Every citizen regardless of position, such as the President or Prime Minister, is subservient to the law. Laws must be applied equally and universality.
3. Separation of Powers– The Constitution divides government authority into three organs—Legislature, Executive, and Judiciary—to enable checks and balances and prevent any one organ from becoming too powerful.
4. Protection of Rights– Constitutionalism protects fundamental rights—such as freedom of speech, freedom of religion, and equality before the law—by enshrining them in the Constitution and shielding them from arbitrary override.

Without constitutionalism, democracy risks becoming either a form of majoritarianism or authoritarianism. Elections do not assure liberty – it is how the elected use their authority that matters. Constitutionalism assures that that power is subject to always being controlled.

Leading Indian jurist Nani Palkhivala made the quintessential statement literary on this matter:

“The Constitution is a charter for making power, by Liberty; not a charter for making Liberty by Power.”

Mechanisms to Protect Constitutionalism in India

India serves as a vibrant mark of constitutionalism. Thus, at the center of the Indian political system is, a written and living Constitution which embodies an endeavour to limit governmental power, protect individuals’ rights and democratic values.

1. A Written and Supreme Constitution

India had a codified constitution from 1950. The Constituent Assembly of India drafted the Constitution. This Constitution is the supreme law of the land, and the actions of the legislative, executive and judiciary must conform to the Constitution.

2. Independent Judiciary and Judicial Review

Judiciary is independent in India and it serves as a bulwark for constitutionalism. The executive and the legislative branches take actions to implement government policies. The Supreme Court and High Courts in India exercise the power of judicial review—they can invalidate laws and executive actions that violate the Constitution, thereby acting as guardians of constitutional limits.

3. The Fundamental Rights

Part III of the Constitution enshrines Fundamental Rights such as the Right to Equality, Right to Freedom, Right to Life and Liberty, and the Right to Constitutional Remedies. The Fundamental Rights allow individuals to challenge arbitrary state power, and in this way, the Constitution is not simply a governing document it is a justice tool.

4. A Living Constitution

There is nothing rigid or frozen in time about the Indian Constitution. It is a living Constitution—capable of changing along with how the social, political, and economic needs of society change. Even with 106 amendments since it was adopted, India has continued to respond to new challenges, while not losing its core democratic values.

5. The Preamble: The Soul of the Constitution

The Preamble articulates the vision of constitutionalism. It describes India as a sovereign, socialist, secular, democratic republic and it secures:

• Justice: Social, economic and political
• Liberty: Of thought, expression belief, faith and worship
• Equality: Of status and opportunity
• Fraternity: Assuring the dignity and the unity of the nation

Ordinary Law vs Constitution

Written Constitution Vs Unwritten constitution

What is a Written Constitution?

A written constitution is a codified document that explicitly articulates the government structure, the powers and functions of the organs of government, and the rights of citizens. Written constitutions typically are created by a constituent assembly or special body and serve as the supreme law of the land.

Key Characteristics:

• Codified: It is organized in a single, written document
• Supreme Law: No law or action can override or come into conflict with it
• Framed by a Special Body: Usually convened through a constituent assembly
• Clear Distinction: There is a distinguishable difference between constitutional laws and ordinary laws
• Stable and Rigid: An amendment must occur through a special procedure

• Examples: India (Constituent Assembly, 1950), USA (Philadelphia Convention,1787)

What is an Unwritten Constitution?

An unwritten constitution cannot be found in a formal and single document. It consists of customs, conventions, judicial decisions, and historical statutes. And,also never formally drafted as an established and concrete constitution by a constituent body and is flexible.

Key Characteristics:

• Not Codified: No single written document; the constitution will have a selection of sources
• Parliamentary Supremacy: Parliament can change the constitution by using ordinary law
• Evolved: An unwritten constitution develops gradually over periods of time through precedents and traditions
• Blended Legal Source: An unwritten constitution consists of statutes, judgements, and conventions.
• Highly Flexible: the unwritten constitution is easy to amend as changes become a part of the history.
• Example: United Kingdom (based on 1215 Magna Carta)

An explicit constitution, like in India, provides clarity, consistency, and legal certainty. An implicit constitution, like in the UK, provides flexibility and openness to operation through convention and practice.

Both systems reflect distinct historical and political contexts, however either can promote democracy and constitutionalism when instituted in spirit.

Conclusion

Constitutionalism is more than a legal concept. It is the ethical foundation of democracy. It makes power answerable to the people and government restrained and just. 

The Constitution of India, in all the warmth and depth, imagination and dynamism, remains the living promise of liberty, equality and justice for each and every citizen.

“The Constitution is not only law; it is a living promise.”

Let us live it out in spirit. In the courts and in legislatures, but also in the everyday of being a responsible citizen of a democratic republic.

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