Constitutionalism in India | UPSC Polity Concepts

“Behind every stable democracy lies the principle of constitutionalism.”

In India, constitutionalism ensures that power remains limited, accountable, and guided by the Constitution.  It strengthens democratic institutions, protects rights, and ensures governance by law rather than by discretion. 

For UPSC, this concept is highly relevant for Prelims (Polity concepts) and analysed in Mains GS-2 & Essay Paper (Constitutional Governance, Separation of Powers, Accountability Mechanisms).

Let’s study and understand Constitutionalism in depth!

Constitutionalism refers to a system in which the government’s power is limited by a Constitution, and those in power must act according to laws, rather than their personal intent. It ensures that authority is controlled, accountable, and protects the rights and freedoms of citizens.

Let’s understand the concept with an example: 

When the Supreme Court struck down Section 66A of the IT Act (Shreya Singhal case, 2015) for violating the Fundamental Right to Freedom of Speech, it showed that the government cannot use power beyond constitutional limits. This single example reflects the core idea of constitutionalism:

• Government power is limited by the Constitution
• Citizens’ rights cannot be violated
• The Judiciary acts as a check on arbitrary laws
• Rule of law and accountability are upheld

• Limited Government: Government power is restricted and must function strictly within constitutional limits.
• Rule of Law: All individuals and institutions, including the State, are subject to the law.
• Separation of Powers: Legislative, Executive, and Judicial powers are distributed to prevent concentration and misuse of authority.
• Checks and Balances: Each branch of government can monitor and restrain the others, ensuring balanced functioning.
• Protection of Rights: Fundamental Rights guarantee individual freedoms and protect citizens from arbitrary state actions.
• Judicial Review: Courts have the authority to review and strike down laws and unconstitutional executive actions.
• Accountability: Public authorities must justify their decisions and actions in accordance with constitutional norms.
• Popular Sovereignty: The ultimate source of power lies with the people, expressed through democratic processes and elections.

Also cover: Article 21 UPSC Notes: Protection of Life and Personal Liberty | UPSC Polity Fundamental Rights

The idea of constitutionalism slowly emerged as societies realised that power must be controlled, rulers must follow the law, and citizens must have rights. The concept took shape through a series of important events and intellectual movements.

Magna Carta (1215): The First Break from Absolute Power

The journey begins with the Magna Carta in England. It was the first major document to say that the king’s power is not unlimited. No ruler is above the law became the starting point of constitutionalism.

Enlightenment Era (17th–18th Century)

Later, the Enlightenment period in Europe laid the intellectual foundation for constitutionalism. Thinkers like:

• John Locke emphasised natural rights and government based on consent.
• Montesquieu introduced the idea of the separation of powers.

These thinkers argued that power must be divided and checked, and that individuals have rights that governments cannot violate.

American Revolution & U.S. Constitution (1776–1787)

For the first time, these ideas were put into action.

• The American Revolution rejected absolute monarchy.
• The U.S. Constitution (1787) created a written framework with checks and balances, the rule of law, and rights protection.

This became a model for later constitutions around the world.

French Revolution (1789): Power Belongs to the People

The French Revolution made another key contribution: Sovereignty rests with the people, not kings. It strengthened the ideas of equality, rights, and constitutional limits on power.

Post–World War Era & UDHR (1948)

After the world wars, nations understood the dangers of unchecked power. This led to a widespread move toward constitutional democracies. The Universal Declaration of Human Rights (1948) made rights and constitutional protections a global standard, reinforcing the core spirit of constitutionalism.

Foundation of Modern Democracies

Modern democracies, including India, are built on these ideas:

• limited government
• rule of law
• separation of powers
• protection of rights

Also read: Lokpal and Lokayukta: UPSC Polity Notes

The Constitution provides the legal framework, institutions, and powers of the state, while constitutionalism ensures that these powers are exercised with limits, accountability, and respect for individual rights. 

In simple terms, the Constitution gives the authority to govern, and constitutionalism provides the discipline on how that authority should be used. Together, they ensure that government power is not absolute, citizens’ freedoms are protected, and governance operates within the rule of law.

• Article 13 – Declares that any law violating Fundamental Rights is void.
• Article 14 – Guarantees equality before the law; reinforces the Rule of Law.
• Article 19 – Protects essential freedoms (speech, movement, association, etc.).
• Article 21 – Ensures the right to life and personal liberty; basis of substantive due process.
• Article 32 – Allows citizens to directly approach the Supreme Court for rights violations (Right to Constitutional Remedies).
• Article 50 – Promotes separation of judiciary and executive.
• Article 72/161 – Provide checks through pardon powers of President and Governors.
• Article 137 – Gives the Supreme Court power to review its own judgments.
• Article 245–246 – Define limits of legislative powers between Union and States.
• Article 368 – Regulates the amendment process, ensuring that the basic structure cannot be altered.
• Articles 124–147 – Establish an independent Supreme Court.
• Articles 148–151 – Create independent constitutional auditing through CAG.

Must read: Important Articles in the Indian Constitution Related to UPSC Functions and Powers

Let’s understand how constitutionalism can either limit state power or enable effective governance.

Here are some landmark Supreme Court observations that shaped the understanding of constitutionalism in India:

1. Kesavananda Bharati vs State of Kerala (1973)

• A historic ruling that introduced the Basic Structure Doctrine.
• The Court held that the Constitution’s core principles, such as the rule of law, separation of powers, and judicial review, cannot be altered, reinforcing the idea of constitutional limits on authority.

2. Indira Nehru Gandhi vs Raj Narain (1975)

• The Court struck down provisions that attempted to immunise the Prime Minister’s election from judicial review.
• It reiterated that the rule of law and free elections are essential elements of constitutionalism.

3. Maneka Gandhi vs Union of India (1978)

• Expanded the meaning of “procedure established by law” to include fairness, non-arbitrariness, and reasonableness.
• It highlighted that constitutionalism protects citizens from executive excesses.

4. R.C. Poudyal vs Union of India (1994)

• The Court observed that constitutionalism is rooted in limited government, where power must be exercised within constitutional boundaries.
• It upheld that democratic representation must align with constitutional principles.

5.  S.R. Chaudhari vs State of Punjab (2001)

• The Court held that constitutional governance requires adherence to established norms, such as the bar on appointing a non-legislator as minister beyond six months.
• It emphasised that constitutionalism prevents the misuse of executive power.

6. I.R. Coelho vs State of Tamil Nadu (2007)

• The Court ruled that laws placed under the Ninth Schedule after 1973 are subject to judicial review if they violate basic structure principles.
• This strengthened constitutionalism by ensuring no law is beyond scrutiny.

Also read: DPSP UPSC Complete Notes: Articles, Classification, Features & Criticism

“The Constitution is not a document frozen in time; it is a living promise we renew every day.”

As democratic challenges evolve, the commitment to the rule of law, protection of rights, and responsible use of state power must grow even stronger.

A future built on constitutionalism is one where governance remains transparent, institutions remain independent, and citizens remain empowered. Strengthening these values is not a one-time reform but a continuous national effort.

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