Mains Practice Questions

Introduction:

The Indian Constitution embodies the principle of Constitutionalism, which is fundamentally a doctrine of dual utility: it limits state power (restraint) to prevent tyranny and simultaneously equips the state with the necessary authority (empowerment) to achieve socio-economic justice and good governance.

Body:

Restraint on State Power: The Limits of Constitutionalism

• Fundamental Rights (Part III): These rights are direct limitations on legislative and executive action.
  • Judicial Review (Article 13, 32, 226): The Judiciary's power to check and strike down any law or executive order that violates the Fundamental Rights or the basic structure of the Constitution (Kesavananda Bharati Case) is the ultimate restraint on state arbitrariness.
  • Rule of Law (Article 14): Ensures equality before the law and equal protection of the laws, preventing discriminatory state action and ensuring procedural fairness (as interpreted in Maneka Gandhi Case).
• Separation of Powers and Checks & Balances:
  • The Constitution delineates separate functions for the Legislature, Executive, and Judiciary (Articles 50, 124-147, 74-75), preventing the concentration of power in a single organ.
  • Legislative Control over the Executive (e.g., Question Hour, No-Confidence Motion).
  • Executive Appointment of Judges and the President's Veto Power over bills.
• Federal Structure: The division of powers between the Union and States via the Seventh Schedule limits the power of the Central Government by decentralizing authority, bringing governance closer to the people.
• Independent Constitutional Bodies: Institutions like the Election Commission of India (ECI), Comptroller and Auditor General (CAG), and Union Public Service Commission (UPSC) operate outside the direct control of the Executive, ensuring accountability and integrity in state functioning.

Empowerment of the State: The Enabler of Good Governance

• Directive Principles of State Policy (DPSP) (Part IV):
  • These principles, though non-justiciable, are fundamental in the governance of the country (Article 37) and impose a positive obligation on the State to create a welfare state.
  • They enable the state to undertake massive socio-economic reforms, such as ensuring a living wage (Article 43), equal pay for equal work (Article 39), and free legal aid (Article 39A), which are essential for good governance.
• Welfare Exceptions to Fundamental Rights:
  • The Constitution grants the state the power to impose "reasonable restrictions" on Fundamental Rights.
    • This power is critical for enabling the government to maintain public order, security of the state, and interests of the general public, which are prerequisites for stable governance.
  • For example, Article 15(4) and 16(4) empower the state to make special provisions for the advancement of backward classes, a crucial step for achieving inclusive governance.
• Emergency Provisions (Part XVIII):
  • Articles 352, 356, and 360 grant the Union government extraordinary powers to safeguard the sovereignty, unity, and integrity of India during crises.
    • This is the ultimate empowerment for preserving the state's existence, without which no governance is possible.
• Constitutional Amendment Power (Article 368):
  • The power to amend the Constitution allows the state to adapt to changing societal needs and overcome legislative hurdles in enacting necessary reforms for national progress. The ability to legislate for the future is a powerful tool for good governance.

The Harmonious Balance: Restraint as a Framework for Empowerment

Conclusion:

The Indian Constitution transcends the traditional, purely negative understanding of constitutionalism. By institutionalizing both restraint and empowerment, the Constitution establishes a model of positive constitutionalism. This delicate balance is the bedrock of good governance in India, ensuring that state power is exercised with accountability, integrity, and a clear direction towards realizing the Preamble's promise of a sovereign, socialist, secular, democratic republic.