Question 2 · 10 marks · 238 words written
Constitution is a mere skeleton whereas constitutionalism is the soul of democracy. Discuss. (Answer in 150 words) 10 marks.
Opening · a definition
Constitution is the basic but supreme legal document containing the basic provisions for the governance of the State along with declaring the relationship between the State and Citizens.
On the other hand, the extent to which the provisions of constitutions will be followed not in letter but also in spirit is determined by the ethos of the functionaries of State and its citizens.
Constitutionalism refers to the phenomenon of abiding by the provisions of constitution not just in letter but also in spirit. There emerged two distinct sets of constitutionalism:
↳ (1) Negative constitutionalism implies that the state should work within the constitutional provisions while respecting the fundamental rights of its citizens.
[Eg] Article 19 of Indian Constitution restricts Indian state from undue interference.
Body · points and prose
→ (2) Positive Constitutionalism implies that the state not only works within the confines of Constitution but respecting individual rights, rather imbibes the constitutional values in toto like equality, welfarism etc.
Close · a way forward
↳ It ensures that every organ of state should follow the principle of 'separation of Power'.
↳ It ensures that State proactively takes welfarist measures enshrined in Constitution (DPSP) to bring social and economic democracy along with political democracy.
↳ It leads to 'Rule of law' and 'Free and fair election'.
↳ It allows effective implementation of federal principles of constitution.
Thus, it is imperative for every functionary of State and its citizens to imbibe the value of Constitutionalism to ensure substantive democracy.