Question Q2GS2GS2

Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss.

Main Body

Constitution is the written, organic, law of land. Constitutionalism is doctrine of limited government provided in IP Coelho, Kaneelkara Bound case. Dr. B.P. Ambedkar remarked that no matter how good a constitution is if those implementing it are not good it will be bad. This forms the soul of this discussion that Constitutionalism is more important than Constitution itself. Skeleton: Constitution - It provide the framework of government and separation of power between 3 organs as well as division of power at various level - Provide limit to power of Parliament, eg. Article 13 no law be made antithetical to fundamental rights - Provide governance redressal (eg. Article 32)

Judiciary → uphold fundamental rights & strike down laws ultra-vires to constitution Legislature → use Parliament & legislative assembly to check government use of power (eg. no ordinance mention) Further, constitutionalism also provide for important role of civil society to work such that good governance is ensured.

— Shoham Teberiwal · AIR 77

156 words1 paragraphs

Conclusion

Soul: Constitutionalism - It is the day-to-day implementator of Constitution and how the articles are actually enforced - It puts the onus on all legs of state to ensure checks on arbitrary powers of government:

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Topper

Shoham Teberiwal

AIR 772023

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Basic Structure

Significant Provisions

Writing Stats

191

Total words

Paragraphs

Linked PYQ

‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.

10M2021