The Supreme Court observed that while India is a constitutional democracy where majority rule prevails, courts must test decisions against constitutional principles.
- These remarks were made by a nine-judge Constitution bench reviewing the scope of religious freedom.
About Constitutionalism
It refers to a system in which the government’s power is limited by a constitution.
Significance
- Safeguards Rights: Protects fundamental freedoms from state interference.
- Upholds Rule of Law: Ensures that everyone is subject to fair and stable laws. E.g., Article 14 (Equality before law).
- Protects Democracy: Guarantees fair elections and ensures power rests with the people.
- Ensures Accountability: Uses independent oversight (e.g., CAG) to keep the government transparent.
- Separation of Power: Divides authority among branches to prevent any single entity from dominating.
- Checks Majoritarianism: Ensures that majority rule does not infringe on rights of marginalized groups. E.g., Article 29,30 safeguarding rights of linguistic and religious minorities.
Challenges with Constitutionalism
- Rise of authoritarian tendencies undermining constitutional principles.
- Judicial Overreach challenging the principle of separation of power.
- Governance Issues such as corruption can erode public trust in democratic institutions.
Cases Related to Constitutionalism:
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