SY

Surabhi YadavAIR 14· 1820

Question 1GS2GS2

What do you understand by 'constitutionalism'? Highlight various ways in which the Indian Constitution underscores this principle.

Open scan (p.1)

Main Body

Supreme Court defined 'constitutionalism' in Rameshwar vs Union of India case as "a government system that abhors absolutism." The idea was further elaborated in IR Coelho vs State of Tamil Nadu. Constitutionalism is a legal principle that keeps a check on excess of government measures and ensures it runs on the democratic principles. Ways in which Indian Constitution underscores Constitutionalism: (1) Separation of Power - Indian constitution ensures separation of power between executive, legislative and judiciary. (2) System of checks and balance. (3) Independent Judiciary - appointment of judges and administering justice is independent of the government. (4) Fundamental Rights - guaranteed to citizens, the basic structure cannot be amended by the parliament. (5) Universal Adult Franchise - All citizens above 18 are entitled to vote without discrimination. (6) Responsible and Accountable Government - controlled through question hour, no-confidence motion etc by parliament. (7) Rule of Law - Dicey stated three components: no one is above law, cannot be punished except breach of law. There are applicable in India. Thus, we see that Indian constitution upholds the principle of constitutionalism. Various organs are further strengthening the concept by keeping a check on each other.

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198 words1 paragraphs

Conclusion

Thus, we see that Indian constitution upholds the principle of constitutionalism. Various organs are further strengthening the concept by keeping a check on each other.

25 words

Topper

Surabhi Yadav

AIR 141820

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Significant Provisions

Constitutionalism

Writing Stats

223

Total words

1

Paragraphs

academic

Tone