SuhasiniGopal, B.B.A.LL.B.,KLELawCollege,Bangalore,Karnataka
“A just society is that society in which an ascending sense of reverence and descending sense of contempt is dissolved into the creation of a compassionate society.”
- B.R. Ambedkar
ABSTRACT
This paper advances a detailed analysis of the interaction between constitutionalism and democratic politics fostering India as a leading example of a democratic state that has the longest history of constitutional regulation. The concept of Indian constitutionalism as provided under the Constitution of India 1950 is social, liberal, comprehensive in terms of array of rights, detailed in terms of government structure and provides a rigid framework for checks and balances. The intention of this paper is to explore the correlation and integration of the Indian Constitution as a document and democracy as a concept within the Indian geographical context.
One extraordinary case in point is the Kesavananda Bharati v. State of Kerala (1973) where the Supreme Court of India introduced separation of powers into constitutional law through doctrine of the ‘basic structure’ of the Constitution. This doctrine claims that there are some aspects of the Constitution that can never be amended by the Parliament so as to ensure that the provisions of the Constitution are not eroded by the alters in political power.
As demonstrated in the above case and other , this will examine how these have influenced the Indian Democracy by making sure that the government, persons exercising state power or authority, and individuals will be subject to the constitution as well as the law on how to exercise power. This is evident by the experience of India where the constitution respects the sovereignty of powers but can also empower the state to achieve and uphold democratic objectives.
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