What is 'Constitutionalism'? Explain the said concept both in its negative and positive aspects in the context of India's tryst with 'Constitutionalism' and 'Constitutional Governance'.

Defining Constitutionalism

Constitutionalism, at its core, is the idea that government power should be limited by a constitution, whether written or unwritten. It's not merely about having a constitution; it's about a *culture* that respects its principles and ensures accountability. It emphasizes the supremacy of the constitution, the separation of powers, and the protection of fundamental rights.

Negative Aspects of Constitutionalism

While seemingly positive, Constitutionalism, in practice, can present challenges:

• Rigidity and Inflexibility: A constitution, by its nature, is designed to be enduring. However, this can lead to rigidity, hindering adaptation to evolving societal needs. India’s experience with Article 370's abrogation demonstrates the potential for constitutional amendments to be contentious and divisive.
• Judicial Overreach: The judiciary, tasked with interpreting the constitution, can sometimes be accused of overstepping its boundaries and encroaching upon the legislative or executive domains. The National Judicial Appointments Commission (NJAC) case (2015) highlighted concerns about judicial independence and potential for activism.
• Elitism and Exclusion: The process of constitution-making and interpretation can be dominated by a legal elite, potentially excluding marginalized communities and their voices.
• Formalism vs. Substance: Constitutionalism can sometimes become overly focused on legal formalism, neglecting the substantive realization of rights and freedoms.

Positive Aspects of Constitutionalism

The benefits of Constitutionalism are substantial, particularly in a diverse and complex nation like India:

• Protection of Rights: The Indian Constitution guarantees fundamental rights – freedom of speech, religion, equality – which are crucial for individual liberty and democratic participation. The right to constitutional remedies (Article 32) provides a mechanism for enforcement.
• Limited Government: Constitutionalism prevents arbitrary exercise of power by defining the scope and limits of governmental authority. The concept of judicial review, established through Kesavananda Bharati v. State of Kerala (1973), is a key example.
• Rule of Law: Constitutionalism establishes the rule of law, ensuring that everyone, including the government, is subject to and accountable under the law. This fosters stability and predictability.
• Promoting Democratic Values: It reinforces democratic values like separation of powers, free and fair elections, and an independent judiciary.

India’s Tryst with Constitutionalism

India’s journey has been marked by both triumphs and tribulations. The Constitution, drafted by the Constituent Assembly, has provided a framework for a vibrant democracy. However, challenges persist:

• Erosion of Institutional Integrity: Concerns about the independence of institutions like the Election Commission and the Central Bureau of Investigation (CBI) have emerged, raising questions about the effectiveness of constitutional checks and balances.
• Majoritarianism vs. Minority Rights: The tension between the will of the majority and the protection of minority rights remains a critical challenge, as seen in debates surrounding the Citizenship Amendment Act (CAA).
• Implementation Gaps: Despite constitutional guarantees, significant implementation gaps exist in areas like social justice and economic equality.
• Rise of Populism: The rise of populist politics, often bypassing traditional institutions and appealing directly to the people, poses a potential threat to constitutional norms.

Aspect	Positive Impact	Negative Impact
Judicial Review	Protects fundamental rights, holds government accountable	Potential for judicial overreach, delays in justice delivery
Fundamental Rights	Guarantees individual liberties, promotes equality	Can be misused, potential for conflict with social justice goals