Model Answer
0 min readIntroduction
Constitutionalism, at its core, signifies ‘government by limited powers’ – a principle where the exercise of governmental authority is constrained by a body of fundamental laws, typically enshrined in a constitution. Post-independence India adopted a written constitution, aiming to establish a sovereign, socialist, secular, democratic republic governed by the rule of law. However, the translation of this ideal into a functional reality has been a complex journey, marked by both robust institutional safeguards and instances of executive overreach and legislative ambiguities. This answer will examine the extent to which the Indian state has adhered to the principles of Constitutionalism, analyzing both its strengths and weaknesses.
Mechanisms Ensuring Limited Government
The Indian Constitution incorporates several mechanisms to limit governmental power:
- Fundamental Rights (Part III): These rights, justiciable by the courts, act as a bulwark against arbitrary state action. Articles 14-32 guarantee equality before the law, freedom of speech and expression, and protection against detention, among others.
- Judicial Review: The Supreme Court and High Courts possess the power of judicial review, enabling them to strike down laws or executive actions that violate the Constitution (Kesavananda Bharati v. State of Kerala, 1973 established the ‘basic structure’ doctrine).
- Federal Structure: The division of powers between the Union and States (Seventh Schedule) limits the legislative competence of each level of government.
- Independent Judiciary: The Constitution guarantees the independence of the judiciary, shielding it from executive and legislative interference.
- Parliamentary Oversight: Committees like the Public Accounts Committee and Estimates Committee scrutinize government expenditure and policies.
Challenges to Constitutionalism
Despite these safeguards, the ideal of ‘government by limited powers’ has faced several challenges:
- Emergency Provisions (Article 352-360): During emergencies, fundamental rights are suspended, and the executive gains significant power. The 1975 Emergency demonstrated the potential for abuse of these provisions.
- Amendments to the Constitution: While amendments are necessary for adapting to changing circumstances, excessive amendments can dilute the original intent of the Constitution. The 42nd Amendment (1976) significantly altered the basic structure, raising concerns about its constitutional validity.
- Ordinance Making Power (Article 123): The President can promulgate ordinances when Parliament is not in session, effectively bypassing the legislative process.
- Preventive Detention Laws: Laws like the National Security Act (NSA) and the Prevention of Terrorism Act (POTA) allow for detention without trial, potentially violating fundamental rights.
- Centralization of Power: Over time, there has been a trend towards centralization of power in the Union government, impacting the autonomy of states. The implementation of Goods and Services Tax (GST) is an example of this.
- Executive Overreach: Instances of executive actions bypassing legislative scrutiny, such as the demonetization in 2016, have raised concerns about the principle of limited government.
Recent Developments & Strengthening Constitutionalism
Recent years have witnessed some positive developments:
- Right to Privacy (Justice K.S. Puttaswamy v. Union of India, 2017): The Supreme Court declared privacy a fundamental right, strengthening the protection of individual liberties.
- Strengthening of Institutions: Efforts to enhance the independence and efficiency of institutions like the Central Vigilance Commission (CVC) and the Central Bureau of Investigation (CBI).
- Increased Judicial Activism: The judiciary has been increasingly proactive in protecting fundamental rights and holding the government accountable.
| Aspect | Strengths | Weaknesses |
|---|---|---|
| Fundamental Rights | Justiciable, broad scope | Suspension during emergencies, limitations on enforceability |
| Judicial Review | Powerful check on executive and legislative action | Potential for judicial overreach, delays in justice delivery |
| Federalism | Division of powers, state autonomy | Centralization of power, financial dependence of states |
Conclusion
While India’s constitutional framework provides robust mechanisms for ‘government by limited powers’, the functional reality is nuanced. The Constitution has largely succeeded in preventing absolute tyranny, but challenges remain in ensuring consistent adherence to its principles. Strengthening institutional independence, promoting greater transparency and accountability, and fostering a culture of respect for fundamental rights are crucial for realizing the full potential of Constitutionalism in India. A continuous vigilance by citizens, a proactive judiciary, and a responsible executive are essential to safeguard the constitutional ideals.
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.