The Relationship Between Constitutionalism And Democratic Governance In India

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T21:27:41.236295+00:00

Updated: 2026-08-26T17:05:28.325+00:00

THE RELATIONSHIP BETWEEN CONSTITUTIONALISM

AND DEMOCRATIC GOVERNANCE IN INDIA

Suhasini Gopal, B.B.A. LL.B., KLE Law College, Bangalore, Karnataka “A just society is that society in which an ascending sense of reverence and descending sense of contempt is dissolved into the creation of a compassionate society.” - B.R. Ambedkar

ABSTRACT

This paper advances a detailed analysis of the interaction between constitutionalism and democratic politics fostering India as a leading example of a democratic state that has the longest history of constitutional regulation. The concept of Indian constitutionalism as provided under the Constitution of India 1950 is social, liberal, comprehensive in terms of array of rights, detailed in terms of government structure and provides a rigid framework for checks and balances. The intention of this paper is to explore the correlation and integration of the Indian Constitution as a document and democracy as a concept within the Indian geographical context. One extraordinary case in point is the Kesavananda Bharati v. State of Kerala (1973) where the Supreme Court of India introduced separation of powers into constitutional law through doctrine of the ‘basic structure’ of the Constitution.

This doctrine claims that there are some aspects of the Constitution that can never be amended by the Parliament so as to ensure that the provisions of the Constitution are not eroded by the alters in political power. As demonstrated in the above case and other , this will examine how these have influenced the Indian Democracy by making sure that the government, persons exercising state power or authority, and individuals will be subject to the constitution as well as the law on how to exercise power. This is evident by the experience of India where the constitution respects the sovereignty of powers but can also empower the state to achieve and uphold democratic objectives.

Introduction Constitutionalism and democratic governance are two concepts that are deeply intertwined in the functioning of a healthy, liberal democracy. Constitutionalism provides the legal framework and safeguards that ensure power is exercised responsibly and within established limits. Democratic governance, on the other hand, is the system by which citizens elect representatives to make decisions on their behalf. In short; “The Constitution is a document, but constitutionalism is a set of norms and practices that prevent the state from abusing its power. ” This paper will explore the relationship between constitutionalism and democratic governance, with a particular focus on the Indian context. The Indian Constitutional System Among others, India, as the largest democracy in the world, is one of the most interesting examples.

The constitution of the country was established in 1950, it contains constitutionalism and authoritative provisions for the legal fundamentals of democracy. The Constitution of India lays that India is a sovereign socialist secular democratic republic and it promises justice, liberty, and equality to all citizens of this country. It defines the composition of the government, its authorities, federal system, and state; and civil liberties and responsibilities of individuals. The constitution of India proves this desire for unity in India and the principles they are willing to give their lives for. That is why it remains a living document; it is now and has always been the framework through which the ideals of the world’s largest democracy are formed and witnessed. Constitutionalism and the Rule of Law At the heart of India's constitutional system is the concept of the rule of law.

This principle, fundamental to constitutionalism, holds that all persons and authorities within a country are subject to its laws. In India, the Constitution is the supreme law, and all organs of the state are bound by its provisions. This ensures that power is exercised in a legal and accountable manner, preventing arbitrary actions and safeguarding the rights of citizens. Democratic Governance in India Democratic governance in India is based on the principles of representative democracy and parliamentary sovereignty. Citizens elect representatives to the Lok Sabha (House of

the People) and the Rajya Sabha (Council of States), the two chambers of Parliament. These representatives are responsible for making laws, overseeing the executive branch, and representing the interests of their constituents. The Prime Minister, as head of government, is accountable to Parliament and must maintain its confidence to remain in office. The Relationship Between Constitutionalism and Democratic Governance Constitutionalism and democracy work hand in hand in the Indian context as constitutionalism strengthens democracy and vice versa. Democracy delivers the power and accountability and constitutionalism offers the legal structures to ensure the proper exercise and regulation of the powers of democracy.

The Constitution determines the authority of a political leader, defines the roles of individuals who are voted for, restricts the utilisation of authority, and guarantees people’s freedoms. It creates a judiciary branch that will in a holistic way be interpreting the Constitution and ensuring compliance with civil liberties provisions. Democratic governance, in turn, gives life to the principles of constitutionalism. Through free and fair elections, citizens have a voice in how they are governed and can hold those in power accountable so it can be very rightly pointed out that "A constitution is the backbone of a democracy, providing the framework for governance. But it is the commitment to the principles of justice, equality, and freedom within its text that breathes life into the body politic.

" Members of parliament are sworn in charge of formulating laws that will meet the society's demands, but they have to do so within the bounds of the Constitution of the country and the provisions of the law. The checks and balances are necessary to check and balance power in such a way that it complies with the relevant constitution in exercise of the powers. Case Study: The Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225. One landmark case that illustrates the relationship between constitutionalism and democracy as practices in India is the Kesavananda Bharati case. In 1973, the Supreme Court of India declared that Parliament’s power to amend the Constitution does not embrace the right to alter the basic structure of the Constitution. The court made this decision to introduce and

apply the doctrine of basic structure constitutional and to safeguard certain warranties which cannot be altered by Parliament including the rule of law and the power of judicial review. This case shows how the judiciary, being a branch that upholds the Constitution, can protect constitutionalism and said institutions from presumed infringement of their rights by the other branches that are directly elected by the people. The Kesavananda Bharati case is relevant in the understanding of constitutional development in India to the extent to which it brings out a tension between the faith in the Constitution and in democracy. On one hand, one can insist on democratic governance and has to admit that those who were elected by the people have to be able to make laws and determine the fate of the country.

Constitutionalism however agrees to this power that it will be exercised but within some set boundaries and that every individuals’ rights will be safeguarded. This is an extraordinary area in which the capability of an independent judiciary emerges to solve this tension and maintain constitutionality. Challenges Members of parliament are sworn in as lawmakers that are supposed to bring legislation that will be a solution to the society's basic needs, but they have to be found within the confines of the Constitution of the country and the provisions of the law. These are important in exercising power in a manner that relieves power in a way that is receptive to the constitutions of the relevant power.

Challenges to Constitutionalism ● Dynastic rule and lack of inner-party democracy: Sufficient thinking, on the one hand, political dynasties as well as the absence of democratic procedures inside the political events, in general weakens the idea of constitutionalism. This in turn can cause the emergence of the concentration of power and genuine political participation opportunities . ● Threats to individual rights: Legal actions such as sedition laws and surveillance

degrade the constitutional protection of the rights and freedoms of the citizens as well as hamper the rule of law. ● Questioning the Constitution's relevance: Anti-Constitutionalism has been defined as standing against such principles as assertion that the Constitution of the United States is colonial and hence outdated, interferes with its authority and constitutionalism. (The Hindu).

Challenges to Democratic Governance ● Criminalization of politics: The criminalization of politics in India as of 2024, ➢ 46% of the newly elected Lok Sabha members (out of 251) face criminal cases (Economic Times) ➢ 20% of the 8337 candidates in the 2024 Lok Sabha Elections have declared criminal cases against themselves (Live Mint) ➢ 23% of candidates have criminal cases against them in the fifth phase of the elections (Times of India) ➢ 44% of Union Ministers in India have a criminal record, and 25% of MPs have serious criminal cases against them (ADR India) ➢ Of the 8337 candidates analysed, 1643 had criminal cases, with 1191 having serious criminal charges (Deccan Herald) ● Socioeconomic disparities: Significant disparities in education, poverty, and social inclusion are limiting equal participation in the democratic process and the realisation of the rights and freedoms guaranteed by the Constitution.

● Rise of illiberalism: Trends towards illiberalism, including Hindu ultranationalism, censorship, and threats to civil society, can erode the liberal

democratic norms and protections that underpin constitutionalism and democratic governance (Freedom House). Members of parliament are sworn in as lawmakers that are supposed to bring legislation that will be a solution to the society's basic needs, but they have to be found within the confines of the Constitution of the country and the provisions of the law. These are important in exercising power in a manner that relieves power in a way that is receptive to the constitutions of the relevant power. Conclusion The following extract clearly shows that constitutionalism and democratic governance are symbiotic: Here constitutionalism offers the legal conditions within which power will be exercised prudently and where the limits of power will always apply.

Democracy, on the other hand, assigns life to these principles by avowing the citizenry, hence a forum through which citizens can exercise their rights in the process of governance. "The Constitution reminds us that our rights are not granted by the state, but are inherent to our humanity. "However, there remain certain issues that may threaten constitutionalism and democratic governance in the country, however the Indian constitutional framework coupled with the readiness and willingness of the Indian populace towards constitutional democracy offer adequate pointing towards the enhancement and sustenance of constitutionalism and democracy in the country.

References Books

1. Austin, Granville. "The Indian Constitution: Cornerstone of a Nation." Oxford University

Press, 1966.

2. Basu, Durga Das. "Introduction to the Constitution of India." LexisNexis Butterworths,

21st edition, 2009.

3. Baxi, Upendra. "The Future of Human Rights." Oxford University Press, 3rd edition, 2008.

Journal Articles

1. Jayal, Niraja Gopal. "The Governance Agenda: Making Democratic Development

Dispensable." Economic and Political Weekly, vol. 34, no. 10, 1999, pp. 573-578.

2. Ramanathan, Usha. "The Right to Information and Social Activism: An Analysis of the

Emerging Legal Frameworks in India." Journal of the Indian Law Institute, vol. 47, no. 2, 2005, pp. 255-278.

3. The Supreme Court of India. "Judgments Information System." sci.gov.in/judgment.

Newspapers

1. "The Role of Judiciary in Governance in India." The Hindu, 2021.

2. "India's Democratic Experiment." The Indian Express, 2020.

Academic Theses

1. Singh, Mahendra P. "V.N. Shukla's Constitution of India." Eastern Book Company, 12th

edition, 2008.