Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss.
Main Body
Constitution is defined as the fundamental law of the country based on which different institutions of government derive their power and citizens are provided with various rights. Components of a Constitution: a) Defining rights of people. b) Distribution of power among various organs. c) Establishing institutions & bodies along with their mandate (e.g. election commission, Supreme Court). to However, it is the constitutionalism which is at the heart of democracy - Constitutionalism is the theory and practice of limiting the
powers of the government and empowering the citizens in the same sense. Constitutionalism as soul of democracy a) Prevents authoritarianism tendencies to limits powers of the executive (e.g. Article 21 - no one can be deprived of it to life except procedure established by law b) Preserves rights of people to set to freedom, religion, equality. c) self in development to without freedom of speech expression, set to act, set to employment; development of people is not possible. d) Provides checks & balances to give judiciary review. Thus, constitutionalism as a value needs to be thoroughly ingrained.
Abhimanyu Malik
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Significant Provisions
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analytical
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