Question 1 · 10 marks · 158 words written
Opening · a definition
Constitutionalism refers to ideology of Constitutional supremacy where all the three organs of Govt are subordinate to it.
Ways in which Constitution holds
Body · points
Principle of Judicial Review (A32, 226) → Ensures legislative Acts & Executive decision are in accordance with Constitution.
Fundamental Rights (Part III Art 12-35) → Restricts Govt from usurping authority
Written Constitution → providing for creation of all 3 organs unlike unwritten in Britain
Difference between amending & law making powers of Parliament (Art 368) → Special majority & consent of States
Checks & Balances with separation of powers → ensures all organs act as per Constitution → Eg → Judicial appointment by Executive → Collective responsibility of Executive to Lok Sabha (A75)
No Parliamentary supremacy like Britain or Judicial Supremacy like USA → Parliament can't amend basic structure → limited judicial review.
Close · a summary
(Eg no jurisdiction in inter State water disputes)
Indian Constitution is a living, organic, dynamic document.