Introduction
Constitutionalism is a foundational political philosophy asserting that governmental power must be legally delimited to preclude arbitrary authority and protect individual liberties. In modern jurisprudence, it transcends mere procedural limitation to embrace 'transformative constitutionalism', acting as a dynamic instrument to dismantle entrenched socio-economic hierarchies and safeguard dignity, equality, and justice.
Dependence on a Written Constitution
Constitutionalism does not inherently depend on the existence of a written constitution. While a codified document can institutionalize safeguards, constitutionalism fundamentally reflects a culture of limited government, institutional accountability, and constitutional morality rather than mere textual presence:
- Unwritten Constitutions Upholding Constitutionalism: Countries such as the United Kingdom lack a single codified constitutional document, yet robustly practice constitutionalism through time-tested conventions, parliamentary norms, judicial independence, and the Rule of Law.
- Written Constitutions Lacking Constitutionalism: Several authoritarian regimes (for instance, North Korea) operate under formal, codified constitutions, but completely lack constitutionalism because state power remains absolute, unchecked, and concentrated without authentic mechanisms of redress or separation of powers.
Manifestations of Constitutionalism under the Indian Constitution
The Indian Constitution incorporates elaborate structural mechanisms and normative principles designed to curtail arbitrary state action and institutionalize limitations on authority:
- Basic Structure Doctrine (Kesavananda Bharati Case, 1973): Represents the ultimate check on majoritarian impulse by restricting Parliament's constituent power under Article 368, ensuring that core values such as secularism, democracy, and judicial independence cannot be subverted.
- Fundamental Rights and Judicial Review: Rights enshrined in Part III operate as negative injunctions against state transgressions. Under Article 13, laws violating fundamental rights are void, operationalized through the writ jurisdiction of the Supreme Court (Article 32) and High Courts (Article 226).
- Separation of Powers and Checks and Balances: Horizontal diffusion of authority prevents any single organ from becoming absolute. Article 50 mandates judicial separation from the executive, complemented by legislative scrutiny through devices like Question Hour, parliamentary committees, and presidential vetos.
- Federal Division of Powers: Through Article 246 and the Seventh Schedule, sovereignty is vertically distributed between the Union and the States. The judiciary reinforces this balance by curtailing arbitrary use of Article 356 (as established in S.R. Bommai v. Union of India).
- Autonomous Fourth-Branch Watchdogs: The framework institutes independent regulatory bodies insulated from executive interference, including the Election Commission of India (Article 324) to safeguard electoral sanctity and the Comptroller and Auditor General (Article 148) for financial accountability.
Conclusion
A constitution merely provides the legal framework, whereas constitutionalism provides its soul. By institutionalizing structural limits, fundamental freedoms, and autonomous watchdog institutions, India ensures that constitutional morality and institutional prudence consistently prevail over unbridled majoritarianism.