Chief Justice of Delhi High Court Highlights Judiciary’s Role in Modern Constitutionalism
In a lecture, the Chief Justice emphasized the importance of distinguishing between simply having a Constitution and actively practicing constitutionalism.
What is Constitutionalism?
Constitutionalism is the principle that government powers should be legally limited, and its authority or legitimacy is contingent upon adhering to these limits.
The judiciary has played a pivotal role in shaping modern constitutionalism in India through progressive interpretations of the Constitution, such as the recognition of the rights of the LGBT community in the Navtej Singh Johar & Ors. vs. Union of India case (2018).
Constitutionalism in India
- Supremacy of the Constitution: The Indian Constitution is the supreme law of the land, and all laws and policies must align with it (Article 13).
- Fundamental Rights and Directive Principles: These protect individual freedoms and guide governance toward promoting social justice.
- Basic Structure Doctrine (Kesavananda Bharati Case - 1973): This principle ensures that the fundamental principles of the Constitution cannot be altered, even through amendments.
Emerging Trends in Constitutionalism
- ‘Internationalization’ of Constitutional Laws: This refers to the transfer of constitutional functions from the national to the international level, such as market access rights and fair competition through Most Favored Nation clauses.
- ‘Constitutionalization’ of International Laws: This trend sees an increasing influence of non-state actors, such as international NGOs and multinational corporations, challenging the traditional role of states as the sole subjects of international law.
Tags : UPSC 2025 current affairs
preparation, UPSC current affairs January 2025, UPSC 2025 daily current
affairs, Best sources for UPSC current affairs 2025, UPSC 2025 current affairs
for prelims, UPSC 2025 current affairs for mains, Important current affairs for
UPSC 2025, UPSC current affairs strategy 2025, UPSC 2025 current affairs notes,
UPSC current affairs PDF 2025, Current affairs for UPSC 2025 preparation, UPSC
2025 current affairs online classes, UPSC current affairs quiz 2025, How to
study current affairs for UPSC 2025, UPSC 2025 current affairs magazines,
Current affairs for UPSC 2025 prelims and mains, Current affairs updates for
UPSC 2025, UPSC 2025 current affairs analysis, Current affairs for UPSC 2025
PDF download, UPSC 2025 current affairs important topics,
No comments:
Post a Comment