Constitution and Constitutionalism: The Spirit Beyond the Text

Authored By: Prateek Bagra

Mohanlal Sukhadia University College of Law

Abstract

The Constitution is often regarded as the supreme legal document that structures the governance of a state. However, a Constitution’s true strength lies not merely in its written provisions but in the principles that animate it — this is the essence of constitutionalism. While a Constitution provides the framework of government, constitutionalism imposes limits on governmental power to prevent arbitrariness. This article explores the distinction and relationship between the two concepts, their evolution in India, judicial interpretations, and the continuing challenges to constitutionalism in a rapidly transforming democracy.

Introduction

A Constitution is the backbone of every democratic polity. It defines the organs of the state, allocates powers, and protects citizens’ rights. Yet, history demonstrates that mere existence of a Constitution does not guarantee liberty or justice. Many authoritarian regimes have had Constitutions, but without the spirit of constitutionalism, these documents were reduced to instruments of oppression. Thus, constitutionalism emerges as the soul that breathes life into the Constitution, ensuring that power is exercised within legal and moral constraints.

The Indian Constitution, adopted on 26 January 1950, stands as a testament to this principle. It embodies not only the structural framework of governance but also the ideals of justice, liberty, equality, and fraternity. The distinction between having a Constitution and upholding constitutionalism remains critical to understanding India’s constitutional democracy.

Understanding the Concept of Constitution

A Constitution may be defined as a fundamental legal document that establishes the political structure of a state and delineates the powers and responsibilities of its institutions. According to A.V. Dicey, a Constitution consists of “all the rules which directly or indirectly affect the distribution or exercise of sovereign power in the state.”

Constitutions can be written or unwritten, rigid or flexible, and federal or unitary, depending on their nature and adaptability.

The Indian Constitution, being a written and detailed document, is the longest in the world. It draws heavily from global constitutional experiences, including the U.S., U.K., Canada, Ireland, and Australia, but remains uniquely Indian in spirit. It enshrines fundamental rights, directive principles of state policy, and an independent judiciary — all pillars ensuring constitutional supremacy.

III. Constitutionalism: Meaning and Essence

Constitutionalism is the philosophy that government authority should be derived from and limited by a body of fundamental law. It is not enough for a state to have a Constitution; constitutionalism demands adherence to principles such as rule of law, separation of powers, judicial review, and protection of fundamental rights.

In the words of Prof. K.C. Wheare, “Constitutionalism is the antithesis of arbitrary rule; it is government according to the Constitution.” This concept thus operates as a check on absolute power — even when such power is constitutionally granted. It promotes accountability, transparency, and respect for individual rights within a democratic framework.

Distinction between Constitution and Constitutionalism Aspect Constitution Constitutionalism

Nature A legal document containing rules and principles

Purpose Establishes organs of government and A political and moral philosophy guiding governance their powers Limits those powers to prevent abuse Focus Structure and function Spirit and practice

Guarantee Existence of legal order Existence of liberty and justice Example The Indian Constitution (1950) The doctrine of basic structure and judicial review

Thus, while a Constitution is a means, constitutionalism is the end — the ultimate goal being the preservation of individual freedoms and prevention of tyranny.

Constitutionalism in India

India’s constitutionalism is rooted in the ideals of democracy and the rule of law. The Preamble itself reflects the vision of a limited government committed to justice, liberty, equality, and fraternity. The framers, having witnessed colonial authoritarianism, consciously embedded checks and balances throughout the constitutional framework.

Key features reflecting constitutionalism include:

∙ Fundamental Rights (Part III): Guaranteeing protection against state excesses.

∙ Directive Principles of State Policy (Part IV): Imposing a moral duty on the state to promote welfare.

∙ Separation of Powers: Ensuring mutual respect and non-interference among the legislature, executive, and judiciary.

∙ Judicial Review (Article 13 & 32): Empowering courts to strike down unconstitutional laws.

∙ Federalism: Distributing powers between the Union and States to prevent centralization.

VI. Judicial Interpretation and the Evolution of Constitutionalism

Kesavananda Bharati v. State of Kerala (1973)

The Supreme Court’s landmark judgment introduced the Basic Structure Doctrine, asserting that while Parliament has wide powers to amend the Constitution, it cannot destroy its essential features — such as rule of law, separation of powers, and judicial independence. This doctrine embodies the very essence of constitutionalism.

Indira Nehru Gandhi v. Raj Narain (1975)

The Court reaffirmed that constitutional amendments cannot override basic constitutional principles. By striking down clauses that sought to immunize the Prime Minister’s election from judicial review, the Court safeguarded the idea that “no one is above the Constitution.”

Minerva Mills Ltd. v. Union of India (1980)

The Court held that a balance between Parts III and IV forms part of the basic structure. Unlimited amendment power would destroy the Constitution’s harmony and thus violate constitutionalism.

I.R. Coelho v. State of Tamil Nadu (2007)

The judgment reiterated that even laws placed under the Ninth Schedule are subject to judicial review if they violate basic constitutional features. This strengthened constitutionalism by ensuring that no legislative act escapes constitutional scrutiny.

Through these decisions, the judiciary has evolved as the guardian of constitutionalism, ensuring that both state and citizen remain bound by constitutional morality.

VII. Challenges to Constitutionalism in Contemporary India

Despite the strong constitutional framework, India faces challenges in maintaining the ideals of constitutionalism.

Majoritarian Tendencies: Excessive centralization of power and the dominance of majoritarian politics threaten constitutional balance.
Erosion of Institutional Independence: Political interference in judiciary, bureaucracy, and media undermines checks and balances.
Overuse of Emergency Powers: Historical misuse of Article 356 and preventive detention laws reveal fragility in constitutional safeguards.
Public Apathy and Constitutional Illiteracy: The effectiveness of constitutionalism depends on citizens’ awareness and participation, which remains limited.
Technological Governance: Surveillance mechanisms and data privacy concerns challenge the constitutional ideals of liberty and privacy.

For constitutionalism to thrive, constitutional morality — a term popularized by Dr. B.R. Ambedkar — must be practiced by those wielding power. It implies respect for both the text and the spirit of the Constitution.

VIII. The Way Forward

To strengthen constitutionalism in India, several measures are essential:

∙ Judicial Vigilance: Continued assertion of judicial independence and review of executive excesses.

∙ Strengthening Institutions: Ensuring autonomy of constitutional bodies such as the Election Commission and CAG.

∙ Civic Education: Promoting constitutional awareness among citizens.

∙ Transparency and Accountability: Institutionalizing mechanisms to check corruption and ensure good governance.

∙ Upholding Fundamental Rights: Especially in the context of technology, privacy, and digital surveillance.

Conclusion

The relationship between the Constitution and constitutionalism is akin to that between the body and soul. The Constitution provides the structure; constitutionalism infuses life and purpose. India’s constitutional democracy has endured because of its commitment to constitutionalism — a principle that demands restraint, accountability, and adherence to the rule of law. As India continues to evolve, it must preserve the delicate balance between governance and liberty, ensuring that constitutionalism remains the guiding light of its democratic journey.

Reference(S):

A.V. Dicey, Introduction to the Study of the Law of the Constitution (10th edn, Macmillan 1959).