Constitutional Governance

Why in news?

November 26 of 2024 year will mark the commemoration of the 75th anniversary of the adoption of the Constitution of India.

What is constitutional governance?

• Constitutional governance – It refers to the system of government where the powers, functions, and limits of each branch of government are defined by a constitution.
• It is also about permeating a deep sense of constitutional culture that has captured the collective consciousness of Indians across different cultures, faiths and beliefs.
• Constitution - It establishes the framework for the political and legal organization of a country and act as the supreme guiding principle.
• It defines the structure of government, the distribution of powers, and the fundamental rights of individuals.
• Organs of constitutional governance - Legislature, Executive, and Judiciary
• Principles and features of constitutional governance
  • Rule of law - All individuals, including government officials, are subject to and accountable under the law.
  • It implies that no individual or institution is above the law.
  • Democratic accountability - Every action by the government must conform to the provisions of the Constitution.
  • Rights and duties -  Citizens are empowered with rights and duties to ensure their active participation in the democratic process.
  • Checks and balances - Executive, legislature, and judiciary operate within the bounds of the law.
  • Separation of powers - The powers of the government are divided among the legislative, executive, and judicial branches to prevent the abuse of power.
  • Federalism - India follows a federal structure with a division of powers between the central and state governments.

What are the core constitutional values that shaped India’s constitutional culture?

• Faith in democratic process – Despite numerous political and social challenges, Indian citizens have shown a remarkable commitment to participating in voting in elections.
• Since the first elections in 1951-52, there has been consistent voter turnout, with the 2024 general elections witnessing a 65.79% turnout.
• Smooth transition of power – Regardless of differences, political parties have always respected the people's mandate, ensuring a smooth transition of power after elections.
• It is the people of India who win each election without any exception.
• It has demonstrated to the world that its understanding of problems and challenges will shape our decisions relating to elections.
• Protection of fundamental rights – The framers of the Constitution, recognized the importance of safeguarding these rights against any potential misuse of state power.
• Over the years, Indian courts have played a vital role in upholding these rights to ensure that constitution protects citizen​.
• Federalism and diversity – The framers were mindful of India’s pluralism and sought to balance national unity with state autonomy.
• By granting special privileges and autonomy to states, it acknowledges their unique identities while fostering a unity.
• Federalism has also been strengthened through the establishment of panchayats and municipalities.
• Media and civil society - The Indian media is a diverse and heterogeneous institution with views and perspectives that are generated across India in different languages.
  • Democratization of Information - Transition of print media to broadcast and further innovations in media and technology have democratised access to information and indeed the role of media.
• Media and civil society have instilled faith in Indian democracy.

What lies ahead?

• Reinforce the core values that have shaped its constitutional culture.
• Inclusive governance to address India’s challenges in the coming decades.
• Strengthen Judiciary by reforms, and recognizing the role of technology in governance.
• Ensure judicial accountability, and promoting socio-economic rights to achieve a more equitable society.

Reference

     The Hindu| An Approaching Milestone In Constitutional Governance