Constitutionalism is about how governments work under certain rules to serve the people better. Even though many countries have constitutions, only a few have succeeded in making sure that their governments follow these rules well.
What is Constitutionalism?
It's like a promise to limit the power of those in charge and to protect the rights of everyone, balancing what the government can do with what individuals and groups should be allowed to do. This promise is deeply rooted in a country's history and culture and is something people generally understand and agree with.
Constitutionalism in India
India has a constitution that not only gives rights to people but also tells us how the government should run. This means that the government's powers are limited by what's written in the constitution.
Positive Constitutionalism
This idea challenges the traditional view of Constitutionalism, which only focuses on restricting the government's power. Instead, it says that governments should also work to make sure everyone in the country is well taken care of. If a constitution doesn't respect diversity and different beliefs, it fails to follow the positive side of Constitutionalism.
Importance of Democratic Values
For Constitutionalism to work, it's crucial to prioritize democratic values and individual rights. Laws that limit freedom of speech or invade privacy weaken the essence of Constitutionalism.
Role of Indian Judiciary
The courts play a big role in upholding Constitutionalism by making sure that the government follows the rules set by the constitution. They also protect people's rights from being violated by the government.
Due Process of Law
This means that the government can't do things without following proper rules. If it does, the courts can step in and stop those actions.
Fundamental Rights
These are basic rights that every person should have, like the right to life and freedom. The courts ensure that laws respect these rights, even if the government wants to make new laws.
Written Constitution
India's constitution is written down, which means everyone knows the rules. This prevents the government from becoming too powerful because its powers are clearly defined.
Separation of Power
This means that different parts of the government have specific jobs, and they can't interfere too much with each other. It helps keep the government in check and prevents any one part from becoming too dominant.
Conclusion
Constitutionalism is about making sure the government serves the people fairly and respectfully. In India, this principle is upheld by the courts, the written constitution, and the respect for democratic values, ensuring a balanced and accountable governance system.
Source: Understanding Constitutionalism
More to Read: The Purpose and Significance of a Constitution
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