What do you understand by 'constitutionalism'? Highlight various ways in which the Indian Constitution underscores this principle.
Main Body
Constitutionalism refers to ideology of constitutional supremacy where all the three organs of Govt are subordinate to it.
Ways in which Constitution holds: (1) Principle of Judicial Review (Art 226) - ensures legislative Acts & Executive decision are in accordance with Constitution. (2) Fundamental Right (Part II, Art 12-35) - restrict Govt form usurping authority. (3) Written Constitution - provides for creation of all 3 organs unlike unwritten in Britain. (4) Difference between amending & Law making powers of Parliament (Art 368) - equal majority & consent of State. (5) Checks & Balances with Separation of Powers - ensures all organs act as per Constitution. (6) Judicial appointment by Executive - collective responsibility. Executive to call (Art 75). (7) No Parliamentary supremacy like Britain or Judicial supremacy like USA - Parliament can't amend core structure - limited judicial review (eg no jurisdiction in Inter-State water disputes).
Indian Constitutions a living, organic, dynamic document.
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Aayushi Bansal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Constitutional Morality
Constitutionalism
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