Model Answer
0 min readIntroduction
Constitutionalism, at its core, signifies governance limited by law. It’s not merely the existence of a constitution, but a belief in the supremacy of that constitution, ensuring that all state actions, including those of the bureaucracy, are compliant with its principles. Post-independence India adopted a written constitution establishing a parliamentary form of government, fundamentally shaping the relationship between the state, its citizens, and the administrative machinery. The Indian bureaucracy, as an instrument of state power, operates within the framework of constitutional values and cannot act in a manner that violates these foundational principles.
Value Premises of Constitutionalism & Bureaucratic Constraints
The Indian Constitution enshrines several value premises that act as constraints on bureaucratic action. These are:
1. Rule of Law
- Premise: Equality before the law and the absence of arbitrary power. Article 14 of the Constitution guarantees equality before the law.
- Bureaucratic Constraint: Bureaucrats must act according to established laws and procedures, avoiding arbitrary decisions. Discretion must be exercised rationally and without bias. Selective enforcement of laws or discriminatory practices are violations.
- Example: A licensing officer cannot arbitrarily deny a license to a qualified applicant based on personal prejudice.
2. Separation of Powers
- Premise: Division of powers among the legislature, executive, and judiciary to prevent concentration of authority.
- Bureaucratic Constraint: The bureaucracy, as part of the executive, must respect the legislative domain by faithfully implementing laws passed by Parliament and State Legislatures. It cannot usurp legislative functions through excessive rule-making or administrative overreach. It must also respect judicial pronouncements.
- Example: A bureaucrat cannot issue orders that directly contradict a law passed by the legislature.
3. Fundamental Rights
- Premise: Guaranteed rights to citizens, including freedom of speech, religion, and personal liberty (Part III of the Constitution).
- Bureaucratic Constraint: Bureaucratic actions must not infringe upon fundamental rights. Any restriction on these rights must be justified under Article 19(2)-19(6) and must be reasonable, proportionate, and based on legitimate state interests.
- Example: Police officials cannot unlawfully detain a person without following due process of law (Article 21).
4. Judicial Review
- Premise: The power of the judiciary to review the legality of executive and legislative actions.
- Bureaucratic Constraint: Bureaucrats must ensure that their actions are legally defensible and can withstand judicial scrutiny. Ignoring court orders or acting in defiance of judicial pronouncements is a serious violation.
- Example: The Supreme Court striking down a government order as unconstitutional necessitates its immediate withdrawal by the concerned bureaucracy.
5. Transparency and Accountability
- Premise: Openness in government functioning and holding officials responsible for their actions. The Right to Information Act, 2005, is a key instrument.
- Bureaucratic Constraint: Bureaucrats must maintain transparency in decision-making, provide information to citizens upon request, and be accountable for any misuse of power or dereliction of duty.
- Example: A bureaucrat denying access to information without a valid reason under the RTI Act violates the principle of transparency.
6. Federalism
- Premise: Division of powers between the Union and State governments.
- Bureaucratic Constraint: Bureaucrats must respect the autonomy of State governments and avoid actions that encroach upon their jurisdiction. Central bureaucrats operating in states must adhere to established protocols and guidelines.
- Example: The Union government cannot directly implement schemes in state subjects without the cooperation and consent of the state government.
Violations of these value premises can lead to administrative misconduct, legal challenges, and erosion of public trust. Safeguards include internal vigilance mechanisms, parliamentary oversight, judicial activism, and a robust civil society.
Conclusion
Constitutionalism serves as the bedrock of good governance in India, and the bureaucracy, as a crucial component of the state apparatus, is bound by its principles. Upholding these values – rule of law, separation of powers, fundamental rights, and accountability – is not merely a legal obligation but a moral imperative for ensuring a just and equitable society. Strengthening institutional mechanisms for enforcing constitutional values and fostering a culture of ethical conduct within the bureaucracy are essential for realizing the full potential of India’s constitutional framework.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.