DAILY QUIZ

In general, Constitutionalism means, a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law”.
Constitutionalism’ means limited government or limitation on government. It is antithesis of arbitrary powers. Constitutionalism recognizes the need for government with powers but at the same time insists that limitation be placed on those powers. The antithesis of constitutionalism is despotism. A government which goes beyond its limits loses its authority and legitimacy. Therefore, to preserve the basic freedoms of the individual, and to maintain his dignity and personality, the Constitution should be permeated with ‘Constitutionalism’; it should have some inbuilt restrictions on the powers conferred by it on governmental organs.

Rule of law propounds that the law rules over all people including the persons administering the law. The lawmakers need to give reasons that can be justified under the law while exercising their powers to make and administer the law. Here every process of taking a decision should be as per the law, hence rule of law may slow the decisions on issues.

The transformative constitutionalism may be described as the process of using the values set by a constitutional framework of a State to usher in a change in the social, legal, economic or political systems.

Best example of transformative constitutionalism is the Navtej Singh Johar vs Union of India case of 2018 in which the portion of Section 377 of the Indian Penal Code was decriminalised as it did not permit consensual acts of sex between individuals belonging to the LGBT community. This change was brought about after over 70 years of Independence because the needs of the society changed

An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. This is known as special majority. There is no provision for a joint sitting in case of disagreement between the two Houses. The Bill, passed by the required majority, is then presented to the President who shall give his assent to the Bill. If the amendment seeks to make any change in any of the provisions mentioned in the provision to article 368, it must be ratified by the Legislatures of not less than one-half of the States.

Indian Constitution is neither rigid nor flexible, here Rigid Constitution means that special procedures are required for its amendments, but a Flexible Constitution is one in which the constitution can be amended easily. Indian constitution is mix of both because,the procedure of amendment is neither easy nor difficult