Why in the News?
Supreme Court observed that majoritarianism cannot trump constitutionalism in a constitutional democracy.
What is Constitutionalism?
- Constitutionalism is the idea that government power should be limited by constitutional rules and that political authority should be exercised within the bounds of the constitution.
- A constitution is a formal document or set of documents that outlines the fundamental principles, laws, structures, and processes that govern a country or organization.
- In comparison, Majoritarianism (majority rule) refers to a political principle according to which the preferences of the numerical majority determine collective decisions.
- Principle of constitutionalism is based on the principle of legality which requires the Courts to interpret the legislations on the presumption that the Parliament would not intend to legislate contrary to fundamental rights.
How Constitutionalism prevails over majoritarianism in India?
- Upholds Rule of Law: Article 14 guarantees equality before law and equal protection of laws, ensuring that no person or authority is above the Constitution.
- Ensures Judicial Review: Articles 13, 32, and 226 form the foundation of judicial review in India, empowering courts to strike down unconstitutional laws and actions, thereby safeguarding fundamental rights and upholding the rule of law.
- Promotes Inclusiveness and Social Justice: Articles 15(4), 15(5), 16(4), 46 supporting social justice, affirmative action, and reservations for SCs, STs, and OBCs ensure that governance reflects substantive equality rather than merely numerical majority.
- Protecting Minorities: Prevents the majority from infringing upon individual and minority rights. E.g., Constitutional protections under Articles 29 and 30 safeguard the educational and cultural rights of minorities
- Preserves Separation of Powers: E.g., Article 50 directs the State to take active steps to separate the judiciary from the executive in the public services.
Important judicial pronouncements related to constitutionalism
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Challenges related to Constitutionalism
- Executive Overreach: A primary threat to constitutionalism is the abuse of emergency powers and executive overreach., curtailment of civil liberties during the 1975–1977 Emergency.
- Concerns for democratic governance: The increasing reliance on ordinances and instances where political and administrative exigencies dilute fundamental rights pose major concerns for democratic governance.
- E.g., Bihar's Land Reforms Ordinances were re-promulgated many times between 1967 and 1981.
- Centralization of Power: E.g., imposition of President's Rule under Article 356, which limits state autonomy and sparks constitutional conflicts between the Union and State governments.
- Weakening of Federalism: E.g., Disputes over the role of Governors, where on certain occasions (Goa and Manipur in 2017), Governors appointed Chief Ministers without following order of preference.
- Judicial Activism vs judicial overreach: While active judicial intervention is often necessary to uphold fundamental rights, excessive activism risks undermining the separation of powers. E.g., Courts using Article 142 to modify Arbitral awards risk judicial overreach.
Conclusion
Constitutionalism ensures that democracy remains anchored in justice, liberty, equality, and dignity. Hence, Supreme Court has repeatedly emphasized, constitutionalism must prevail over majoritarianism to preserve the essence of the Constitution and protect the rights of all citizens.
