Constitutionalism refers to the principle that government authority is limited by law and must function according to the Constitution. It ensures rule of law, accountability, and protection of rights in a democratic system like India. Evolution: India’s constitutionalism evolved through historical struggles for freedom, colonial experience, and debates on governance. The Government of India Act, 1935 laid the groundwork for federal structure and fundamental rights. After independence in 1947, the Constituent Assembly drafted the Indian Constitution (1950), emphasizing democracy, justice, liberty, equality, and fraternity. Over time, amendments have adapted constitutionalism to social, economic, and political changes. Key Features of Indian Constitutionalism: Supremacy of Constitution: All authorities derive power from the Constitution. Separation of powers: Clear division among Legislature, Executive, and Judiciary. Fundamental Rights: Protection of individual liberty, equality, and freedom. Judicial Review: Courts ensure laws and executive actions comply with the Constitution. Democratic Governance: Citizens participate in elections and decision-making. Challenges: Indian constitutionalism faces several practical and structural challenges: Corruption and misuse of power weaken constitutional norms. Centralization of power undermines federalism. Judicial delays and backlog affect timely enforcement of rights. Erosion of fundamental freedoms during emergencies or political pressure. Socio-economic inequalities challenge the principle of justice and equality. Reforms and Strengthening Measures: To address these challenges, reforms are proposed in multiple areas: Judicial reforms to reduce pendency and increase access to justice. Electoral reforms to ensure free, fair, and transparent elections. Strengthening institutions like Election Commission, Lokpal, and independent regulatory bodies. Decentralization to empower local governance and enhance federal balance. Legal and policy updates to protect rights in emerging areas like digital privacy, AI governance, and environmental protection. Significance: Constitutionalism ensures that power is exercised responsibly, protecting citizens from arbitrary authority. It strengthens democracy, accountability, and rule of law, adapting to evolving challenges while preserving core constitutional values. Conclusion: Indian constitutionalism is a dynamic framework shaped by history, law, and society. Continuous reforms, vigilance, and civic participation are essential to maintain its effectiveness, integrity, and resilience. Keywords: Constitutionalism, Democracy, Rule of Law, Judiciary, Fundamental Rights, Reforms.

1. CONSTITUTIONALISM
Dr. Amit Kashyap
Associate Professor,
School of Law,
Lovely Professional University,
Phagwara-144411.
Punjab
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2. • The term ‘Constitution’ has two different meanings.
• Constitution in the first sense refers to the nature of a country with
reference to its political conditions.
• Constitution in the second sense refers to a law that concerns itself
with the establishment and exercise of political rule through various
organs of the State.
• Modern political thought draws a distinction between
‘Constitutionalism’ and ‘Constitution’.
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3. • A country may have the ‘Constitution’ but not necessarily
‘Constitutionalism’.
• A country with a dictatorship, where the dictator’s word is law, can be
said to have a ‘Constitution’ but not ‘Constitutionalism’.
• ‘Constitutionalism’ connotes limited government or a limitation on
government.
• Constitutionalism is the antithesis of arbitrary powers.
• ‘Constitutionalism’ recognises the need for government with powers but
at the same time insists that limitations be placed on those powers.
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4. • The idea of Constitutionalism is not new
• Natural law philosophers have promoted this idea for long especially
John Locke and Jean Rousseau.
• The difference between the two concepts is that a Constitution ought
not merely to confer powers on the various organs of the
government, but also put limitations and restraints those powers.
• Constitutionalism recognizes the need for government but insists
upon limitations being placed upon governmental powers
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5. • Constitutionalism envisages checks and balances and putting the
powers of the legislature and the executive under some restraints and
not making them uncontrolled and arbitrary.
• Power corrupts and absolute power corrupts absolutely.
• If the Constitution confers unrestrained power on either the
legislature or the executive, it might lead to an authoritarian,
oppressive government.
• Unlimited powers jeopardise freedom of the people.
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6. • To preserve the basic freedoms of the individual, and to maintain his
dignity and personality, the Constitution should be permeated with
‘Constitutionalism by including some in-built restrictions on the
powers conferred by it on governmental organs.
• The Magna Carta (1215) strengthened the traditional view that law is
supreme.
• Most of the written constitutions in democracies have well designed
provisions for a system of checks and balance.
• Also, Fundamental rights act as limitation on power of State.
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7. • A written Constitution,
• independent judiciary with powers of judicial review,
• the doctrine of rule of law and separation of powers,
• free elections to legislature,
• accountable and transparent democratic government,
• Fundamental Rights of the people,
• federalism,
• decentralisation of power
are some of the principles and norms which promote
Constitutionalism in a country.
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