To preserve basic freedoms and dignity of individuals, a Constitution should be permeated with Constitutionalism.' Discuss.
Core Legal Answer & Context: Constitutionalism is a political philosophy that advocates for a government limited by a constitution. It ensures that governmental power is exercised within the bounds of the Constitution, preventing arbitrary rule and safeguarding individual liberties and dignity. Key tenets include the rule of law, separation of powers, an independent judiciary, and the protection of fundamental rights. A constitution permeated with constitutionalism means that its provisions and spirit consistently uphold these principles, making the government accountable and protecting citizens from potential abuses of power.
Relevant Statutes and Sections: Indian Constitution: Preamble (Justice, Liberty, Equality, Fraternity), Part III (Fundamental Rights - Articles 12-35), Part IV (Directive Principles of State Policy), Article 13 (Laws inconsistent with or in derogation of Fundamental Rights), Article 21 (Protection of life and personal liberty), Articles 32 and 226 (Right to constitutional remedies).
Important Landmark Cases:
- Kesavananda Bharati v. State of Kerala (1973): This case established the 'Basic Structure Doctrine,' asserting that Parliament's amending power cannot alter the fundamental features of the Constitution, thereby limiting governmental power and upholding constitutionalism.
- Maneka Gandhi v. Union of India (1978): The Supreme Court interpreted Article 21 broadly, introducing the concept of 'procedure established by law' to mean a procedure that is fair, just, and reasonable, reinforcing the rule of law and protection of individual dignity.
Clear Conclusion: Constitutionalism is the bedrock of a democratic society, ensuring that the government operates under law, not above it. By limiting state power and enshrining fundamental rights, it effectively preserves the basic freedoms and dignity of individuals, making the Constitution a living document that protects its citizens.