Constitution is a more skeleton Whereas constitutionalism is the soul of democracy. Discuss.
Introduction
Constitutionalism in treaties to the adherence to constitutional values and morality in the actions of executive, judiciary and legislative.
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Main Body
Constitution is a mere skeleton.
a). Constitution only mention the governing and goals/objectives of India as nation, such as,
1. Secular society - Sovereign, Socialist
2. Secular, Democratic country (Preamble)
2. Achieve social, economical & political justice (Fundamental rights and DPSP,)
3. Promote equality and liberty etc.
However, the responsibility of various organs of government is to apply these and uphold constitutionalism.
Constitutionalism as soul -
1. To uphold separation of powers as
envisaged in Article 50 [es] UJAC Judgement of Supreme Court (SC)
2. Uphold fundamental rights vis-a-vis secularism and right to freedom of religion [es] Sabarimala judgement to allow women into temple
3. Protection of freedom of speech [es] Shreya Singhal judgement
4. Upholding Rule of Law and Equality before law. [es] Raj Narain case
5. Promoting federal principle with a balance between centre-states [es] SR Bommai judgement
As BR Ambedkan said, the success of our constitution depends on the morality of those who operate upon the Constitution, i.e. the Government.
Therefore, the primary objective of governance should be to uphold constitutionalism in every action.
Prajnanandan Giri
Constitutional and Political Processes
Constitutionalism
Constitution vs Constitutionalism
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