Constitutionalism: A Gateway to Democratic Governance | Public Administration Optional for UPSC (Notes) PDF Download

Introduction

Constitutionalism, a profound and abstract term, encompasses the spirit and quality of a constitution. It transcends the tangible document, representing a web of ideas, attitudes, and behaviors that give life to constitutional principles. Just as a patriot ardently loves their country, constitutionalism reflects a deep-seated affection and adherence to a system of constitutional ideals and government directions. It weaves a complex tapestry of concepts, attitudes, and patterns of behavior, emphasizing that the authority of government derives from and is confined by a body of fundamental laws.

Origins of Constitutionalism

The roots of constitutionalism can be traced back to nations like the United States and France, where citizens questioned the arbitrary behavior of their governments. These historical struggles and the yearning for fair governance led to the formulation of a philosophy that advocated for a government constrained by a set of rules and principles. This marked the birth of constitutionalism, which subsequently spread its influence worldwide.

Essential Aspects of Constitutionalism

Constitutionalism rests upon several core premises, each vital in shaping the fabric of a just and accountable society:

• Sovereignty: At the heart of constitutionalism lies the democratic principle that power emanates from the people and their collective will, rather than being concentrated in the hands of a select few elites, politicians, or corporate entities. Sovereignty thus serves as the cornerstone of constitutional governance.
• Writteness of the Constitution: The presence of a properly codified constitution is paramount in fostering constitutionalism. By providing explicit and precise guidance to those in power and administrators, a written constitution ensures that actions and decisions are directed by the established principles and guidelines, minimizing the scope for arbitrariness.
• Separation of Powers: Constitutionalism advocates for the division of governmental authority into three distinct branches - the legislature, the executive, and the judiciary. This separation aims to establish a system of checks and balances, preventing the undue concentration of power and safeguarding against abuses.
• Consensus and Social Conformity: Constitutionalism recognizes the significance of aligning the state with the popular will and achieving social conformity as prescribed by the constitution. It emphasizes the importance of respecting and adhering to the institutional legal structures, ensuring that governmental actions reflect the collective agreement and aspirations of the people.
• Entrenchment: Constitutionalism vehemently rejects any form of arbitrary behavior by public officials and leaders that exceeds their prescribed powers. It upholds the principles of accountability, fairness, and impartiality. Moreover, constitutionalism fosters secularism as a means to promote unity in the face of diverse societal backgrounds.

Principles Enshrined in Constitutionalism

The underlying principles of constitutionalism form the pillars upon which democratic governance stands:

• Separation of Powers: By dividing the mechanism of governance into three branches - the legislature, the executive, and the judiciary - constitutionalism ensures that no single entity monopolizes power. This separation fosters a system of checks and balances, preserving the integrity of the constitution and preventing the abuse of authority.
• Responsible and Accountable Government: In a democratic setup, the government is entrusted with the responsibility to serve the people. Constitutionalism emphasizes that the electorate has the right to demand accountability and answers from their elected representatives. Should the government fail to meet the expectations of the people, the power to govern is revoked through the democratic process of voting.
• Popular Sovereignty: The concept of popular sovereignty asserts that the legitimacy of government derives from the people. No individual or corporate body can exercise authority that does not explicitly emanate from the collective will of the citizenry. While a sovereign entity may be empowered to govern, ultimate sovereignty resides within the nation.
• Rule of Law: Central to constitutionalism is the principle that the government is subservient to the laws, rather than above them. The rule of law ensures that no individual is punished except for a specific breach of law established through ordinary legal procedures and adjudicated in courts of law. It also underscores the idea that no one, regardless of position or influence, is exempt from legal scrutiny. Courts play a crucial role in safeguarding individual rights and freedoms.
• Independent Judiciary: The independence of the judiciary stands as a bedrock principle in any liberal democracy and is vital to maintaining the rule of law. The separation of the judiciary from the executive branch, as envisaged in the constitution, ensures impartial adjudication and preserves the integrity of legal processes.
• Individual Rights: Constitutionalism places individual rights at the forefront of governance. In India, these rights are enshrined in Part III of the Constitution, which guarantees their protection. Constitutional courts, including the Supreme Court and High Courts, play a pivotal role in interpreting and safeguarding these rights, ensuring their enforcement and expanding their effect on society.
• Civilian Control of the Military: Constitutionalism advocates for civilian governance and underscores the importance of placing control over the military in the hands of elected civilian authorities. This separation prevents the military from interfering in democratic decision-making processes or attempting a military coup, preserving the integrity of constitutional governance.
• Police Accountability: Constitutionalism recognizes the significance of upholding the rights, freedoms, and dignity of individuals in the execution of police duties. To ensure this, the police must operate under the control of laws and courts, adhering to legal procedures and protecting the rights of the citizens they serve.

Views on Constitutionalism

Views on constitutionalism can be categorized into two perspectives:

• Prescriptive View: The prescriptive view advocates for the incorporation of features that have evolved as core value premises of the constitution. It promotes transparency, the rule of law, consensus building, separation of powers, and other foundational principles as cardinal elements of administrative arrangements.
• Descriptive View: The descriptive view delves into the historical struggles for power that have shaped the core premises and principles of the constitution. It analyzes the transformative changes incorporated into the constitutional framework, highlighting the reasons, revolts, and societal shifts that led to their inclusion.

Conclusion

Constitutionalism stands as a cornerstone of democratic governance, ensuring that power remains limited, accountable, and guided by a framework of fundamental laws. It establishes a system of checks and balances, upholds individual rights, and fosters the rule of law. By comprehending the principles and essence of constitutionalism, we gain insights into the structure and functioning of governments, fostering societies grounded in justice, equality, and adherence to constitutional ideals.