Constitutionalism- Explained

In simple words, Constitutionalism is a doctrine that a government’s authority is determined by a body of laws or constitution. More generally constitutionalism refers to efforts to prevent arbitrary government. ^[1]  Constitutionalism is based on the idea of political theories of John Locke and the founders of the American republic, that government can and should be legally limited in its powers, and that its authority or legitimacy depends on its observing these limitations. The central point of Constitutionalism is a “Limited Government”. Constitutionalism recognises the need for a government but at the same time also insists upon restraining its (government’s) power. ^[2] Epitome of Constitutionalism is Magna Carta issued in 1215 that limited the power of England’s King John.

Constitutionalism places limits upon the arbitrary  powers of the three government power: legislative power (making new laws), executive power (implementing laws) and judicial power (adjudicating disputes under laws). Often these limitations are in the form of civil rights against government, rights to things like free expression, association, equality and Rule of law. At its most generic level, arbitrariness consists in the capacity of rulers to govern wilfully—that is, with complete discretion—and to serve their own interests rather than those of the ruled. Constitutionalism attempts to avoid these dangers by designing mechanisms that determine who can rule, how, and for what purposes. The more modern, liberal tradition identifies arbitrariness with interference with individual rights and seeks to establish protections for them via the separation of powers and a judicially protected constitution. ^[4]

Constitutionalism in India is enshrined in the following provisions^[5]:

1.     Article 21 of Constitution of India: Provides that life and liberty cannot be deprived except by a procedure established by law. This means that there has to be a legal justification for the deprivation of life and liberty of a person. The requirement of law for deprivation acts as a limitation on the arbitrary exercise power of the legislature as well as the executive.

2.  Fundamental Rights: Fundamental rights are the most basic bulwark against the arbitrary exercise of the power of the state. Fundamental Rights act as restraints on the states, directing states what not to do. They serve as negative covenants for the state.

3.   Written constitution: Indian Constitution being written, codified and regarded as supreme law of the land, the Indian State is thus controlled and restricted. Restricted in the sense that it cannot go beyond the limits and mandate of the Indian Constitution.

A constitution gives power to the rightful being, the people of the country.