Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss.
Main Body
CONSTITUTION is a living document that enshrines fundamental vision while CONSTITUTIONALISM as outlined by H.R Khanna is morality to uphold CONSTITUTION and its VALUES in all avens of Indian society. MANEKA Gandhi care, Article 21 was interpreted in line with PRINCIPLE of DUE process of LAW & NATURAL justice. In MC Mehta care, environmental and pollution page was upheld in line with Article 21 (right to health/environment). CONSTITUTIONALISM is visible in creation of PUBLIC interest litigation ex: HUSSAINARA khatoon care.
Constitutionalism is visible in Court enacting VISHAKA guidelines. Constitutionalism also is visible in Progressive steps ex: LABARIMALA care for women entry. In Ashtam care HAJ JAM, Constitutionalism upheld INDIVIDUAL's right to marry of choice under Article 21. But CONSTITUTION is no mere skeleton: it is more elaborate (39 schled) DISCIPLINE of CONSTITUTIONAL supremacy. INDIAN CONSTITUTION provides for written guidelines ex: Federalism India (Article 1,3), Article 368 for Amendment. Hence, INDIAN forefathers have created CONSTITUTION and spirit behind it to guide INDIA into AMRIT KAAL on progressive spirit.
Conclusion
The Constitution is a living document, but constitutionalism ensures its spirit is upheld through judicial interpretation and public interest litigation.
20 words
K N Chandana Jahnavi
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Evolution and Features
Constitutional Morality and Constitutionalism
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analytical
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