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Constitutional democracy

February 3, 2024

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This article is written by Harsh Raj. The article examines the origin, development and relations between Constitution and Constitutional democracy. The article further deals with the condition of the Constitutional democracy in different countries of the world and the challenges faced by the Constitutional democratic countries and its future.

Table of Contents

Introduction

“Samjnana” which means the collective consciousness of the people is one of the principles of democracy in the Rig Veda. It would be totally justifiable to say that the principle of democracy originated from the Vedas, as the Sabha and Samiti are mentioned in both the Rig Veda and the Atharva Veda. But, due to the changing times and among different principles and definitions of democracy, the definition given by US President Abraham Lincoln, that is, “Democracy is a government of the people, by the people, and for the people,” is widely acknowledged and most known. In a democratic country, the Government is restricted by the Constitution and its provisions like the division of power where different organs carry out their work within their jurisdiction. There are three organs of the Government i.e. the Legislature which makes the law, the Executive that applies the made law, and the Judiciary that interprets the law. Sometimes, the different organs of the Government start interfering in the other’s jurisdiction and that results in the declining principle of Constitutional democracy as it prevents the concentration of power. There are so many countries that have a Constitution but they have failed to protect the basic rights of the people and the power is concentrated in one place. It can be said that the term “Constitutional Democracy” means the adopted Constitution of any democracy where the power of any organ of the Government is limited and restricted to some extent.

What is Constitutional democracy

A democracy is a form of governance in which the people directly or indirectly decide on laws, policies, leadership, and other important matters pertaining to the state. The Greek word democratic, which was first used to describe the political structures that several Greek city-states, most notably Athens, had at the time, was formed in the middle of the fifth century BCE from the words demos (“people“) and kratoms (“rule“). So, the meaning of democracy is a system in which the Government of a Country is elected by the people. In a republic, the people are the independent entity that grants legitimacy to the republic’s institutions. The Government is managed by, for, and for the people.

Constitutional democracy is a type of democratic Government that uses the Constitution, a set of rules that determine how a Country is run. The core principle of the governance lies in the Constitution itself which is freedom of speech, freedom of the press, and freedom to profess religion freely etc. One of the most important aspects of Constitutional democracy is the separation of power by which all the organs of the Government i.e. legislature, executive, and judiciary carry out their operation within their jurisdiction. The role of the Constitution in a democracy is vital as it gives a legal framework to establish law by the representatives of the people.

History and origin of constitutional democracy

The origin of the word “Democracy” can be found in the Greek word “Demokratia” where Demo means people and Kratos means rule. An Athenian Political leader ‘Cleisthenes’ in 507 B.C. introduced the system of Political reform known as “Demokratia” which was the first known democracy in the world. However, the Greek democracies survived only for two centuries but “Cleisthenes” was later recognized as the father of Democracy.

There is no exact definition of Constitutional democracy, unlike democracy. The concept of Constitutional democracy has developed over a long period. The ideas of the colonial world have affected considerably the development of its concept. The colonial super-power, England, developed the concepts of representative Government and established the idea of supremacy and the rule of law by passing the Bill of Rights in 1689 which abolished the privileges and special power of the lords. The specific rights of the people led to the development of a common law system that has evolved. In this system, people turn to common law principles for protection in case their rights are threatened by any organ of the Government. All humans are born with certain rights like the right to life and the right to liberty among others. These are called natural rights which were also advocated by John Locke. The concept of natural rights was highly influenced by the creators of Constitutional democracy. The examples of Constitutional monarchies are Japan, Morocco, Sweden, and the UK. In a Constitutional democracy, the electorate chooses the president to head the executive branch and the legislators to represent them.

Today, the majority of nations including the US, Australia, Canada, and UK among others, adopt a form of Constitutional democracy. Many nations that have adopted Constitutions, meanwhile, have not been able to limit the power of the Government. For instance, the Russian Federation’s Constitution guarantees its citizens’ rights to free expression and the freedom of religion in addition to calling for autonomous governing authorities. However, the administration of Russia is controlled by one party, and the concentration of power in Russia is so high that the press is totally controlled by the Government, as the report of the Press Freedom Index 2023 shows Russia ranked 164 out of 180 countries. Hence, it is widely accepted that Russia is an authoritarian state.

Types of constitutional democracy

The concept of Constitutional democracy and its principles developed over a long period. It is a Government where people vote for their representatives. Constitutional democracy is often called a liberal democracy as both consist of the common elements of free and fair elections, separation of power among the different organs of the government, rule of law, equality before the law, and equal protection of the law, among other principles.

The idea of its creation is affected largely by the idea of a post-colonial era where the colonial superpower England played an integral role in the development of the concept of representative democracy with the law of 1689 which limits the power of monarchs that granted specific rights to people. In England’s History, the idea of common law also thrived. The experience of long colonial times gave a different shape to the Constitutional democracy that resulted in the later development of the different types of democracy that are as follows-

Direct democracy

Direct democracy is a type of Government where the citizens of the country participate directly in the decision-making. It may operate via assembly, Referendum, etc. where citizens vote on issues. It can also be understood as a full-scale system of political Institutions. The term direct democracy is often used as the process of electing representatives by a direct vote instead of the Electoral College under which a set of electors who are selected to elect a candidate to particular office. Often these represent different organisations, political parties or entities, with each organisation, political party or entity represented by a particular number of electors or with votes weighted in a particular way.

The historical references to direct democracy can be traced back to the ancient city of Greece, particularly Athens where decisions were taken by the assembly of some 1,000 male citizens later, people’s assemblies were used in many Swiss cantons and towns as well as in town meetings in some American colonies and states. In recent times, it is understood as the system that consists of decision-making Institutions. In a direct democracy, the people (citizens) have the power to make decisions, and thus, they are the rulers. They take charge of policy decisions.

Indirect democracy

Indirect democracy is a form of Government where listed public opinions are made by their representatives for their welfare. The representatives are accountable for their steps to the people. In this political system, citizens of the country vote for representatives to handle legislation, unlike direct democracy where all the citizens directly vote on laws or other issues. Indirect democracy is also known as the representative democracy and most of the modern democracies are the indirect democracy that includes India too.

The earliest known practice of representative democracy was prevalent in ancient Rome. During the period of ancient Rome, meetings were held in public spaces in 509 BCE. The Romans called their state a republic that derives from the Latin word Respublica which means a thing that belongs to the people. The USA and France have played a major role in the spread of representative democracies.

Essential attributes of constitutional democracy

Constitutional democracy is a type of democracy where the Constitution is the supreme law of the land and people of the same democracy enjoy a considerable amount of freedom and various organs of the Government are independent of each other. There are various essential attributes of Constitutional democracy; some of them are the following:

People are a source of the Constitution’s power

The people are the ultimate source of the authority of the Government which derives its right to govern from their consent. The introductory parts of the Constitution i.e. the Preamble start with “we the people” which indicates that the ultimate sovereign are the people. “Sovereignty” means the independent authority of the State, not being subject to the control of any other State or external power.

Limitation of Government

The principle of limited Government deals with the principle that no Government power can be exercised without restriction. It is a principled form of rule in which all Government officials and organs have some form of restriction on their power. India has a written Constitution, unlike the UK Constitution. The Government is restricted and is obligated to follow the laws that are given in the Constitution.

Unitary, federal and confederate systems

Unitary and federal systems are the most common ways of organising Constitutional democracies. There are also associations of states called confederations. In a unitary system, the Central Government has full power, which it may delegate to subordinate Governments. In a federal system, power is shared between a Central Government, which has full power over some matters, and a set of subordinate provincial or state Governments that have power over other matters. In a confederation, a league of independent states, which retain full sovereignty, agrees to allow a Central Government to perform certain functions, but the Central Government may not make laws applicable to individuals without the approval of the member states.

Limitation of the power of the organs of the Government

It can be said that the limitation of power by the provision of the separation of power is one of the most essential attributes of Constitutional democracy to maintain its sanctity. Each one of the organs has to work within its jurisdiction and not interfere with others. Various theories, such as the Rule of Law, under which the power of making laws is separated institutionally from the power of enforcing the laws, equal protection of the law, and equality before the law. Free and fair elections are pivotal to the quality of a country’s governance, and checks and balances help to reduce mistakes and prevent improper behaviour in organizations. These theories, among others, came forth to defend the theory of constitutional democracy if any of the organs began to interfere in other people’s affairs.

Equality, Justice, and Freedom

Constitutional democracy promotes political equality and economic equality, where citizens are encouraged to participate in political affairs equally, and a level playing field where every citizen has the same access to the same wealth, respectively. It also promotes justice and makes sure that justice and legal aid can be afforded by the poor too. Freedom from various perspectives, like freedom of expression, conscience, and religion, is an essential attribute of the functions of Constitutional democracy.

Checks and Balances

The checks and balances theory has played a very important role in maintaining justice. According to this theory, different agencies or branches of Government have adequate power to check the powers of other branches. Checks and balances may include the power of judicial review—the power of courts to declare actions of other branches of Government to be contrary to the Constitution and therefore null and void.

Principles of constitutional democracy

For the survival of constitutional democracy, the support and acceptance of certain principles by the people and their representatives are important.
The rule of law, which means that everyone is subject to the law and no one is above the law, even the highest body of the country, is an important principle of constitutional democracy.
The power to make laws is with the legislature, which is elected by the people, not with any other organ of the Government.
The supremacy of constitutional law is an integral principle of constitutional democracy. The Constitution describes the kinds of laws the Government has the power to make and places limits on the power of the Government to make certain kinds of laws.
A constitutional democracy also requires a commitment to the idea of sovereignty, which means the will of the people is the ultimate source of power. The people are watchdogs to ensure that laws are followed properly.
The protection of minority rights is also important. Constitutional democracy guarantees some rights to everyone, irrespective of their status as a minority or majority.
Constitutional democracy must also assure stability in society and have enough flexibility to adapt to changing conditions and accommodate societal change.

Advantages and disadvantages of constitutional democracy

Advantages of constitutional democracy

Peaceful transfer of the Government

A free and fair election is an important advantage of Constitutional democracy, and every election is stipulated by the peaceful change of the Government, as the elections are conducted within a regular interval stipulated by the Constitution, which makes it easy to change a Government.

Voting rights to elect the representatives

The right to vote is one of the basic rights in a democracy. People elect their representatives directly or indirectly. In India, the right to vote is guaranteed under Article 326. The Article reads as elections to the House of the People and Legislative Assembly in every State in India are based on adult suffrage, allowing all citizens aged 18 and above, who are not disqualified due to non-residence, unsoundness of mind, crime, or corrupt practices.

Protection of the basic fundamental human rights

Meaning of human rights is the natural rights that are available to every person in the world irrespective of man-made land boundaries. It is the responsibility of the Government to protect these rights. In any Constitutional democracy, natural or basic human rights are protected even if the person is a citizen of the different countries as the Constitution of a Constitutional democratic country contains provisions that protect the basic fundamental human rights. And it is not just the provisions that protect the rights; there is also a responsibility on the state to do the same. And the courts are the saviours in these cases. For example, the Indian Constitution protects the life and liberty of the non-citizens of India under Article 21.

Good governance

Constitutional democracy ensures good governance through the election of a representative. The elected representatives were aware of the social problems that were on the ground and tried to wipe them out and make an attempt to promote the interests of the people for the people. The Government always works towards good governance due to the fear of elections, as the Government knows that they can be easily voted out of power once they lose popular acceptance and if they do not ensure good governance.

Protection of equality

Equality before the law and equal protection of the law are the two principles of equality in the Constitution. Where equality before the law means that law must be administered equally among those who are equals, Alongside, Article 14 ensures equal rights to sue and be sued for the same action for all subjects, regardless of race, religion, caste, social status, wealth, or influence. It guarantees similar treatment and jurisdiction, eliminating special privileges. The principle of equal protection of the law is a positive concept that means that all persons in similar circumstances shall be given the same rights and liabilities. It essentially means that equals are to be treated equally, and there must be no discrimination amongst them. Equals and unequals cannot be put on the same footing and treated without discrimination. So, it can be said that Constitutional democracy is a type of democracy where any type of discrimination concerning gender, caste, creed, or religion is discouraged and leads to legal action.

Disadvantages of constitutional democracy

Delay in decision

The different organs of the Government took time to pass any decision that resulted in the unnecessary delay and various negative impacts and if the delegated legislation were passed, they curtailed the fundamentally available rights.

Upward corruption

In recent times, It is seen that Constitutional democracy has failed to reduce the increasing Corruption. The increasing lobbying and nepotism in the election and other Government organisations led to higher corruption. According to the report on the Corruption Perception Index 2021, we can see the declining ranking of Constitutionally democratic countries like the USA, Canada, and Australia.

Continuous election

The Subsequent elections of Constitutional democracy are too expensive to operate. Public property of the county was used at various times and the elected representatives, politicians, and political parties were busy in the election which if not happened frequently could be used elsewhere for good governance and the welfare of The people and the Representative would have more time to work for the people.

Minority rights

The rights of minorities more or less come under threat on grounds. They were obliged to obey the decision of the majority. Their representation is unequal in the vivid places and organs of the Government.

Ignorance of the political system

The participation of voters in elections is very low. According to the report of the Election Commission of India, the voting percentage stood at only 67.6% in the 2019 general election. It often led to the representation of the candidates who were not suited for the post. Ignorance also emanates due to the lack of political education.

Constitutional democracy in India

The Constitution of India was adopted by the constituent assembly on 26th November 1949 and came into force on 26th January, 1950. The Indian National Congress passed a historic resolution in 1929, declaring January 26, 1930, as “Independence Day” for India. President Nehru hoisted the tricolor, which was celebrated for 17 years. The Constitution of India was adopted on January 26, 1949, reflecting national pride. India has a written Constitution unlike the un-written Constitution of the U.K. where every principle is mentioned that gives shape to India’s legal political system of governance. Here, the meaning of the earlier discussed principles that are mentioned in the Constitution is the ideas that enable a nation to not only practice Constitutional life in documents but also in spirit. India is a country of Constitutions and Constitutional democracy. It can be said that India is a country of Constitutional democracy due to the following reasons-

Elections

Election is one of the primary attributes to determine the validity of the Constitutional democracy of a country. Free and fair elections were held subsequently from 1951-52 in India, unlike its neighbouring countries. For example, In the case of Pakistan, the military influences the election and as far as China is concerned the Communist Party of China rules the same. India also has a multi party system that ensures and gives different open options before the people.

Basics natural and fundamental rights

Citizens are granted various rights that include different fundamental and natural rights. For example, the Constitution guarantees equality before the law under Article 14, under which the state shall not deny any person equality before the law or equal protection of the law within the territory of India. Under Article 15, which prohibits discrimination based on religion, race, caste, sex, and place of birth, Further, the Constitution of India also gave some rights that are natural to foreign nationals, like protection of life and liberty under Article 21 and the right to primary education. The Government not only grants these rights but also protects them through Articles 32 and 226, under which a person can file a suit in case of violation of their fundamental rights in the Supreme Court and High Court, respectively. Those who cannot afford legal aid are provided with free legal aid services as per Article 39A of the Constitution. Further, the concept of public interest litigation was brought for the protection of the legal rights of the poor or for those who cannot afford to knock on the door of the court.

Independent organ of the Government

The doctrine of separation of power under which the power and functions of all the three organs of the Government i.e. legislative, executive, and judiciary are divided and any organ of the Government should not control or interfere with the exercise of its functions by another organ. The theory of checks, and balances, where separate branches are empowered to prevent the actions of other branches and are induced to share power, and the principle of rule of law. However, the principle of the rule of law is nowhere defined in the Constitution but the different pronouncements of the courts viewed it as an integral part of good governance. The principle of the rule of law signifies that the people should be governed by the accepted rules instead of the rules that are arbitrarily taken by the rulers. Other provisions and statutes also ensure the independence of the various organs of the Government. Any organ of the Government is supposed to work within the jurisdiction and not interfere in other jurisdictions.

Independence of Judiciary

The judiciary is one of the most important organs of the Government that protects the rule of law and ensures the supremacy of law. In India, we have a hierarchy of courts that goes from the lower courts, high courts (Article 214-231), and Supreme Court (Article 124-147). The Supreme Court is said to be the guardian of the Constitution and has the power to declare any law null and void if the same is found to be unconstitutional and pose a threat to the basic structure of the Constitution. The court ruled in S.P. Gupta v. Union of India (1982) that judges ought to enforce the rule of law with fearlessness. This is the basis of the concept of independence of the judiciary. Further, in the case of Advocates-on-Record Association & Anr. v. Union of India(1993), the Supreme Court noted that the independence of the judiciary is essential for democracy to work properly. The court also opined that as long as the judiciary is kept apart from the legislative and executive branches, rights and powers would never be curtailed.

Freedom

The Indian Constitution under Article 19 guarantees freedom of various types including fundamental rights of free speech (Article 19 (1) (a)) fundamental rights to assemble peaceably under Article 19 (1) (b), the formation of associations or unions under Article 19(1) (c), movement throughout the territory of India freely under Article 19 (1) (d), and residing and settlement in any part of the territory of India under Article 19 (1) (e) and Article 20 protection in respect of conviction for offences were granted. Further, Article 21 protects life and personal liberty and states that no person shall be deprived of his life or personal liberty except according to procedures established by law. Article 22 protects against arrest and detention in certain cases. Article 23 prohibits the forced labour and trafficking of human beings. Article 24 prohibits the employment of children in factories. It further reads, No child below the age of 14 years shall be employed to work in any factory or mine or in any other hazardous employment. Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion. The Constitution also guarantees other types of freedom via its various provisions.

Role of Judiciary in constitutional democracy

The independence of the judiciary is one of the most vital principles of constitutional democracy. The judiciary protects against the concentration of power. It invalidates laws violating the Constitution, preventing the centralization of power. An impartial judicial system defends minority rights and upholds the rule of law. In India, the power of judicial review of the judiciary is such a power of the judiciary under which a law or any action of the executive can be declared unconstitutional if it does not fit with the principles of the Constitution. There are so many times when the role of the judiciary becomes important in saving constitutional democracy.

The Supreme Court, in the case of Kaushal Kishore V. State of U.P.(2023), has held that the right to freedom of speech cannot be restricted to protect the fundamental rights of another individual. Thus, the Court in this case has held that the state has to protect the right to life and personal liberty even against non-state actors, and the right to freedom of speech and expression could only be curtailed by the list of reasonable restrictions laid down under Article 19(2) of the Constitution. In other landmark judgments of the Keshavananda Bharati Sripadagalvaru V. State of Kerala(1973) case, the Supreme Court established the Basic Structure Doctrine and limited the power of the legislative. The Court has also ruled that Parliament has the authority to amend the Constitution, but not its basic structure. This historic decision of the judiciary has served as the touchstone of Indian constitutionalism.

In another case, the Indian Judiciary has laid an example of the supremacy of the Constitution, i.e., the case of Indira Gandhi v. Raj Narain(1975), where the court ruled that no one is above the law, not even the highest body of the country in terms of power. In another case, Supreme Court Advocates-on-Record Association & Anr. vs. Union of India(1993), the Supreme Court found that the NJAC, proposing a greater role for the executive in judicial appointments for transparency and accountability in the selection process, violated the principles of separation of power and independence of the judiciary that formed part of the basic structure of the Constitution and declared the NJAC Act unconstitutional.

Constitutional democracy around the globe

USA

The United States of America is the oldest democracy in the world where citizens vote for their Government officials. It is governed by the written Constitution that was ratified in 1789. It was considered revolutionary in its time and later became the model for dozens of countries. It contains the preamble, seven articles and several amendments among other provisions that describe the way how Government is structured and operates. The Constitution of the USA stands fully on the criteria of Constitutional democracy due to the following attributes-

Branches of the Government and their power

The first three articles of the Constitution of the USA describe branches which are Legislative (congress), Executive (office of the president), and Judicial (federal Court system). It further contains the doctrine of separation of power and Checks and balance theory that prevents any one of the organs from becoming dominant and also bars from interfering in others’ jurisdictions.

Working of the federal system

Articles 4 to 7 describe how the federal system works. Article 4 describes the relationship between states and the people. Article 5 states the two ways to change or amend the Constitution. Article 6 describes the supremacy of the Constitution, the supreme law of the land. And finally, Article 7 states that the Constitution has to be ratified by the state conventions of at least nine of the thirteen states.

Israel

Israel has no written Constitution. It is one of the five countries in the world that operates entirely or partially as per the uncodified Constitution that consists of both material Constitutional law which is based on judicial pronouncement and action taken by the organ of the Government and the provision of the statutes.

Israel follows a parliamentary system of democracy that consists of legislative, executive, and judicial branches. The presidency, the Knesset (parliament), the Government (cabinet), and the Judiciary are its institutions. It is based on the essential attributes of Constitutional democracy like the doctrine of separation of power, checks and balances and the executive branch is subject to the confidence of the legislative branch and law-guaranteed independent judiciary. Free and fair elections are held regularly. The entire country is divided into 120 electoral constituencies. People cast their vote for a political party to represent them in the Knesset (parliament) on election day.

Germany

The Federal Republic of Germany is a democratic and federal parliamentary republic and the Government derives its authority from the Constitution, the Grundgesetz which came into force on May 23, 1949. After the establishment of the federal republic, Germany adopted a parliamentary system of Government where the chief of state is the president and the Government is headed by the chancellor, who is elected by the majority of the vote. The basic law laid down that the state derives its authority from the people. Authority is divided among the legislative, executive, and judicial branches which are responsible for the administration of justices. Separation of power is the core principle in the Constitution of Germany. The independence of the judiciary is ensured. The basic law of Germany stipulates the respect for human dignity.

Japan

Japan is a country of Constitutional monarchy with a system of civil law. The democracy in Japan is stable with regular elections and a thriving free press. Three main features have to be maintained by the Japanese Constitution that includes sovereignty, pacifism, and different fundamental human rights. The citizens of Japan have a right against discrimination and racism. Alongside this, the Japanese Constitution also gives welfare rights, like, right to life and dignity, right to liberty, and the pursuit of happiness among others.

Russia and North Korea

The 1993 Constitution declares the Russian Federation a democratic, federal, and law-based state with a republican form of Government. The Constitution is characterized by the power struggle between the executive and legislative branches. Under this, the president is vested with significant power that includes the power to appoint PM, Key Judges, and cabinet members and can declare an emergency and enforce the law and he is the commander-in-chief of the armed forces. However, Russia is a country that has adopted a Constitution but has failed to limit the power of Government as the Russian Government is dominated by allies of its president, who are also members of only one political party. According to the world’s point of view, the Government controls the press, suppresses opposition leaders, makes laws that imprison members of minority religions as well as atheists, and also harshly with the protesters.

An even more extreme example is the Democratic People’s Republic of Korea (aka North Korea). North Korea has a Constitution that includes a legislative branch, but in reality, power rests almost exclusively in a single man, the supreme leader. North Korea is therefore a dictatorship.

Future of constitutionally democratic countries

The future of Constitutional democratic countries depends on the participation of citizens, and it looks promising because the citizens are taking charge of knowing and understanding their rights. Following are the aspects that promise a better future for Constitutionally democratic countries:

Participatory Constitution

The participatory form of the Constitution grants citizens the opportunity to participate directly or be involved in decisions that have a sizable impact on their lives. The roles of citizens, either physically or non-physically, play a crucial role in ensuring a happy and good future for Constitutional democracy.

Referendum

Referendums are innovative solutions that give citizens greater decision-making power. It allows citizens to vote on a particular issue and to express their thoughts. It is one of the initiatives that guarantees higher participation of citizens and ensures a better future for Constitutional democracy.

E-Democracy

It is a term used to indicate the variety of proposals made to increase the participation of citizens in democracy via the use of information technology. It is one way to educate the citizens, which results in the improvement of electoral politics and minimises malpractices. However, on the other hand, Constitutional democracy faces challenges. The biggest challenge of Constitutional democracy is autocratic Government, where power is vested in a single hand and a single organ. Everything is controlled by the Government. There is no freedom of speech, the media is suppressed, and there is no concept of opposition.

Conclusion

It can be concluded that Constitutional democracy is the ideal system of governance which is discovered as yet because it is the only system where every citizen of the country can participate somehow in the Government. It is the system where power is not concentrated in one hand. And it ensures equal participation of every person in the society and provides ample opportunities to the last people in the line. However, it is a bitter truth that a country may have a Constitution but not Constitutionalism. A country may be a democracy on paper that contains every principle which can make it a Constitutional democracy but doesn’t implement it on the ground. There are several instances in India’s neighbourhood where Constitutionalism does not exist despite the existence of a Constitution.

Frequently Asked Questions(FAQs)

How many countries are there which do not have a written Constitution?

There are five countries that operates through an unwritten/uncodified Constitution. These are Israel, New Zealand, San Marino, Saudi Arabia, and the United Kingdom.

How many times has the Indian preamble been amended? And is the preamble a part of the Constitution?

The preamble has been amended only once in 1976 by the 42^nd Constitutional amendment act which added the term Socialist, Secular, and Integrity into the preamble. After the judgement of Kesavananda Bharati Sripadagalvaru v. State of Kerala(1973), it was accepted that the preamble is part of the Constitution. It can be amended under Article 368 of the Constitution, as a part of the Constitution but the basic structure of the preamble cannot be amended.

The concept of basic structure doctrine was formally introduced in which year?

In 1973, the basic structure doctrine was formally introduced with rigorous legal reasoning in Justice Hans Raj Khanna’s decisive judgement in the landmark decision of Kesavananda Bharati Sripadagalvaru v. State of Kerala(1973). Previously, the Supreme Court had held that the power of Parliament to amend the Constitution was unfettered.

What is Constitutionalism?

Constitutionalism is the concept of the workings of the Constitution. It is a process of putting the Constitution into practice and testing the Constitution as it works among the people that it was made in the initial time to govern.