What is Constitutionalism and its features, and differences from Constitution | PCS J notes Indian Constitution - PCS J mains solved paper PDF free download
What is meant by "Constitution"?
▶A nation's constitution serves as the foundational legal code, upon which all other laws are based and upheld. This foundational text aims to define the essential branches of government and outlines their composition, duties, authority, and guiding ideas. It is also referred to as the suprema lex, grundnorm, or fundamental law of the nation.▶It also establishes how these organs relate to one another and controls how they interact with humans. People and the government often have a relationship characterised by specific rights.
▶Some essential rights that the nation's citizens must have against the State are highly stressed in modern constitutions. The Constitution is the source of authority and legitimacy for all state legislation and authorities. Any State action that goes against this is considered to be beyond the scope of the Constitution. The State's goals are shaped and its structure is defined by the Constitution for many years to come. It forms the cornerstone of the country's core political, economic, and religious beliefs.
▶The Prof. K.C. Wheare asserts that the Constitution is the supreme law, superior to all laws in terms of efficiency, authority, sanctity, and permanence. According to him, the State's Constitution is the collection of laws that establish, regulate, and control the nation's whole system of governance.
▶In Minerva Mills v. Union of India, AIR 1980 SC 1789, the Supreme Court noted that the Constitution has established a system of checks and balances that places restrictions on the authority of each authority and instrumentality. The Supreme Court ruled in State of West Bengal v. Kesoram Industries Ltd. (2004) 10 SCC 201 that the Constitution is a living, breathing document. The interpreters' perspectives and articulations need to be dynamic and adaptable to the rapidly changing times.
What is meant by "Constitutionalism"?
▶The distinction between a constitution and constitutionalism has been emphasised in all modern constitutions and political theories. As per Professor K.C. Wheare, "Constitutionalism means government according to rule as opposed to arbitrary government" . It refers to a government that is constrained by the provisions of the Constitution rather than merely by the goals and skills of individuals in positions of authority.▶The Supreme Court ruled in I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1, that the concept of constitutionalism is a legal one that calls for restriction in the use of governmental authority so as to prevent it from undermining the democratic ideals on which it is based.
▶In addition to granting authority, a constitution should aim to limit that authority. While acknowledging the necessity of government, constitutionalism also demands that its powers be limited. It has safeguards against abuse. It's been stated that a nation may or may not be constitutionally constituted. Put differently, constitutionalism is the antithesis of arbitrary power and fundamentally suggests restrained governance.
▶In addition to granting authority, a constitution should aim to limit that authority. While acknowledging the necessity of government, constitutionalism also demands that its powers be limited. It has safeguards against abuse. It's been stated that a nation may or may not be constitutionally constituted. Put differently, constitutionalism is the antithesis of arbitrary power and fundamentally suggests restrained governance.
--------------------------------------------
💡PYQs on this topic :
Q. Write short note on "Constitution".
Q. Write short note on "Constitutionalism".
Q. What are the similarities and differences between "Constitution" and "Constitutionalism"? Discuss with decided cases.
Q. PCS J notes Indian Constitution.
Q. PCS J mains solved paper PDF free download.
--------------------------------------------
YouTube Channel
--------------------------------------------
Join Us On Telegram - Click Here
--------------------------------------------
NOTE: Agar aap notes ki PDF download nahi kr paa rahe, toh ye video tutorial dekhien - Click Here