Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss.
Main Body
Constitution cannot exercise its meaningful presence unless backed by the spirit of constitutionalism of authorities of the state. Constitution a 'mere skeleton': (1) Most of its provision require adequate legal mechanism to get substantivity. (eg.) Article 17- Abolition of untouchability, SC/ST PDA Act. (2) still provisions can also be misused. (eg.) Article 21, preventive detention, obscuran laws like UAPA. (3) State can take the provisions for unleashing faulty rule. (eg.) Use of emergency powers.
Constitutionalism is the 'soul' of democracy: (1) ensures free and fair elections (eg.) Article 324, independent election commission. (2) Pro-active role of Judiciary to prevent misuse of authority (eg.) Arup Baranwal case - election of ECI. (3) Constitutionalism helps in putting the provisions of constitution to use. (eg.) DPS vs. inti laws. (4) Ensured equality among citizens. (eg.) Article 14, 14th Amendment Act 4 EWS reservation. Thus, the spirit of constitutionalism need to promoted among all.
Conclusion
Thus, the spirit of constitutionalism need to promoted among all.
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Diagram
Branching diagram showing 'Constitutionalism is the 'soul' of democracy' with four main branches: (1) ensures free and fair elections (eg.) Article 324, independent election commission, (2) Pro-active role of Judiciary to prevent misuse of authority (eg.) Arup Baranwal case - election of ECI, (3) Constitutionalism helps in putting the provisions of constitution to use (eg.) DPS vs. inti laws, (4) Ensured equality among citizens (eg.) Article 14, 14th Amendment Act 4 EWS reservation.
NAUSHEEN
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Significant Provisions
Constitution vs Constitutionalism
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analytical
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