The Supreme Court reaffirmed that constitutionalism, not majoritarianism, remains the ultimate safeguard of India’s constitutional democracy and rights.
About Constitutionalism in India
- Meaning: Constitutionalism ensures governmental power remains limited by the Constitution and exercised according to constitutional values and legal procedures.
- Key Features: It upholds constitutional supremacy, rule of law, judicial review, fundamental rights, accountability, separation of powers, and constitutional morality.
Pillars of Constitutionalism in India
- Supremacy of Constitution: Article 13 ensures constitutional supremacy by invalidating laws violating Fundamental Rights and limiting governmental power.
- Separation of Powers: Kesavananda Bharati (1973) protected the Basic Structure, preserving institutional checks and balances among constitutional organs.
- Fundamental Rights: K.S. Puttaswamy (2017) recognized privacy under Article 21, strengthening constitutional liberties against arbitrary State action.
- Federalism: The Seventh Schedule’s three legislative lists constitutionally divide Union-State powers, strengthening cooperative federalism and democratic governance.
- Social Justice: Articles 15(4), 16(4) and 46 enable reservations, promoting substantive equality for SCs, STs and OBCs.
Need for Constitutionalism in India
- Prevents Authoritarianism: Restrains concentration of power, preventing executive excesses such as witnessed during the 1975–77 Emergency.
- Protects Minorities: Articles 29–30 safeguard cultural and educational rights, preventing the tyranny of the numerical majority.
- Ensures Accountability: Judicial review under Articles 32 and 226 keeps legislative and executive actions constitutionally accountable.
- Constitutional Morality: Ensures governance follows constitutional values over political expediency or majoritarian preferences, as reaffirmed in Navtej Singh Johar (2018).
- National Unity: Balances diversity with unity by protecting India’s multilingual, multicultural and federal constitutional framework.
Landmark Supreme Court Judgments on Constitutionalism
- Kesavananda Bharati v. State of Kerala (1973): Introduced the Basic Structure Doctrine, limiting Parliament’s amending powers and preserving constitutional supremacy.
- Indira Nehru Gandhi v. Raj Narain (1975): Declared democracy, rule of law, and judicial review as integral components of the Constitution’s Basic Structure.
- Minerva Mills v. Union of India (1980): Balanced Fundamental Rights with Directive Principles, reaffirming Parliament’s limited power to amend the Constitution.
- S.R. Bommai v. Union of India (1994): Strengthened federalism by restricting arbitrary imposition of President’s Rule under Article 356.
- I.R. Coelho v. State of Tamil Nadu (2007): Held Ninth Schedule laws subject to judicial review if violating the Constitution’s Basic Structure.
- K.S. Puttaswamy v. Union of India (2017): Recognized Right to Privacy under Article 21, strengthening constitutional protections against arbitrary State action.
- Navtej Singh Johar v. Union of India (2018): Upheld constitutional morality over social morality by decriminalizing homosexuality and protecting individual dignity and equality.
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Challenges to Constitutionalism in India
- Executive Overreach: Emergency (1975–77) demonstrated executive excesses, curtailing civil liberties and weakening constitutional governance.
- Majoritarianism and Federalism: Misuse of Article 356 and Governor controversies undermine federal balance and constitutional accountability.
- Judicial Overreach: Expansive use of Article 142 occasionally blurs institutional boundaries, challenging separation of powers principles.
- Institutional Decline: ADR (2024); 46% of Lok Sabha MPs declared criminal cases, eroding public institutional trust.
- Governance Challenges: K.S. Puttaswamy (2017) established privacy rights, highlighting surveillance and Artificial Intelligence governance concerns.
Way Forward to Strengthen Constitutionalism
- Strengthen Institutions: Implement 2nd ARC recommendations, ensuring independent constitutional bodies through transparent appointments and institutional accountability.
- Constitutional Morality: Celebrate Constitution Day (26 November), expanding constitutional literacy, civic education, and public awareness nationwide.
- Strengthen Parliament and Judiciary: NJDG (2026); Over 5.2 crore pending cases necessitate judicial reforms and legislative scrutiny.
- Deepen Cooperative Federalism: Strengthen GST Council and Inter-State Council, promoting fiscal cooperation and State autonomy constitutionally.
- Protect Civil Liberties: K.S. Puttaswamy (2017) strengthened privacy, ensuring transparent, participatory, rights-based digital governance and due process.
“Constitutional morality is not a natural sentiment; it has to be cultivated.” Dr. B.R. Ambedkar. Constitutionalism over majoritarianism safeguards justice, liberty, equality, fraternity, and democracy.
Reference: Press Trust of India
PMF IAS Pathfinder for Mains – Question 774
Q. The Indian Constitution derives its strength from constitutionalism rather than majoritarianism. Examine the role of constitutional principles and judicial interpretation in preserving constitutional democracy. Also discuss the emerging challenges and measures to strengthen constitutionalism in India. (250 Words) (15 Marks)
Approach
- Introduction: Write a brief introduction about constitutionalism in India.
- Body: Write about the role of constitutional principles and judicial interpretation in preserving constitutional democracy. Also discuss the emerging challenges and measures to strengthen constitutionalism in India.
- Conclusion: Emphasise constitutional supremacy, judicial independence, and institutional accountability to preserve constitutionalism while addressing emerging governance challenges.
