Dr. Neena Hamid, Apex Professional University, Pasighat, Arunachal Pradesh
ABSTRACT
Constitutionalism, as a governing principle, emphasizes limited government, the rule of law, and the protection of fundamental rights. In India, constitutionalism is deeply embedded in the structure of governance, balancing state authority with individual liberties. This research paper explores the evolution of constitutionalism in India by analyzing its principles, judicial interpretations, and challenges in a comparative framework.
The Indian Constitution, influenced by global constitutional traditions, integrates elements of parliamentary democracy, federalism, separation of powers, and judicial review. Landmark Supreme Court rulings, including Kesavananda Bharati v. State of Kerala (1973) and S.R. Bommai v. Union of India (1994), have reinforced constitutionalism by upholding the Basic Structure Doctrine and curbing executive overreach. However, challenges such as judicial activism, constitutional amendments affecting federalism, and tensions between fundamental rights and directive principles continue to shape India’s constitutional discourse.
A comparative analysis with countries like the United States, the United Kingdom, and South Africa highlights similarities and divergences in constitutional frameworks, particularly in judicial independence, executive accountability, and the role of constitutional conventions. India’s model of constitutionalism reflects both rigidity and adaptability, enabling democratic governance while addressing socio-political complexities.
This study argues for strengthening constitutional safeguards through institutional transparency, judicial accountability, and public participation. By examining contemporary challenges, including emergency provisions, electoral reforms, and digital rights, this paper contributes to the ongoing discourse on ensuring a resilient and inclusive constitutional framework for India.
Keywords: Constitutionalism, Judicial Review, Basic Structure Doctrine, Separation of Powers, Federalism
Comments