CHANAKYA NATIONAL LAW UNIVERSITY

Final Draft for the Project of Constitutional Law-I.

On
“CONSTITUTIONALISM”

Submitted to: - Prof. (Dr.) Anirudh Prasad

Faculty of Constitutional Law-I

By: Aastha Agnihotri

Roll No:1902

Course: B.A. LL.B. (Hons.)

1
 DECLARATION BY THE CANDIDATE

I, hereby, declare that the work reported in the B.A.LL. B (Hons.) Project Report titled
“Constitutionalism” submitted at CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
is an authentic record of my work carried under the supervision of Prof. (Dr.) Anirudh Prasad. I
have not submitted this work elsewhere for any other degree or diploma. I am fully responsible for
the contents of my Project Report.

Aastha Agnihotri

Course: B.A. LL. B (Hons.)

SEMESTER – 5th

CNLU, PATNA

Dated: 23/10/2020
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TABLE OF CONTENTS

1. Introduction… ................................................................................................ 5.
a) Aim of Paper……………………………………………………………….7.
b) Research Problem………………………………………………………….7.
c) Hypothesis………………………………………………………………….7.
d) Research Methodology……………………………………………………..7.
e) Literature Review………………………………………………………..…8.
2. Concept & Meaning……………………………………………………………10.
3. International Perspective……………………………………………………….12.
4. Constitutionalism in Indian Context ........................................................ 14.
4.1. 7 Principles… .......................................................................................... 15.
4.2. Usage of Constitutionalism… .................................................................. 16.
5. Criticism… ............................................................................................. 18.
6. Conclusion… .......................................................................................... 19.

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 ACKNOWLEDGEMENT

I would like to show my gratitude towards my guide Prof. (Dr.) Anirudh Prasad, Faculty
Constitutional Law-I, under whose guidance, I structured my project.

I owe the present accomplishment of my project to my friends, who helped me immensely with
the materials throughout the project and without whom I couldn’t have completed it in the present
way.

I would also like to extend my gratitude to my parents and all those unseen hands that helped me
out at every stage of my project.

THANK YOU,

AASTHA AGNIHOTRI

SEMESTER 5th

CNLU, Patna

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 INTRODUCTION

“Constitutionalism is the name given to the trust which men repose in the power of words engrossed
on parchment to keep a government in order”

-Walton Hamilton1
The above lines clearly distinguish the line between Constitution and Constitutionalism. While
constitution lays down structure and functions of various organs of the government constitutionalism
is a form of political philosophy which advocates limited form of government. In a broader sense
constitutionalism denotes the principle and practice under which a community is governed by a
constitution. The principle of constitutionalism denotes that any form of arbitrary power remains
checked. The birth of constitutionalism is a modern phenomenon but its origin can be traced to
ancient times.
Plato, an ancient Greek philosopher, believed in the importance of knowledge and its utmost
importance in leading a good life. He believed that power should be vested with those who are
endowed with knowledge. In other words, philosophers should be rulers. 2 However Plato’s
suggestion was disproved by his own disciple Aristotle who believed that all normal forms of
government (monarchy, aristocracy, and polity) were bound to degenerate (tyranny, oligarchy and
democracy respectively) in due course because power and virtue could not co-exist.
The birth of modern constitutionalism can be attributed to great philosophers John Locke and Charles
de Montesquieu. Locke compared government akin to a trust set up by individuals as opposed to any
form of natural or divine ordained entity for protection of personal life, liberty or property.
Montesquieu gave the principle of separation of powers to categorize different organs of the
Government and delineate their corresponding functions. Montesquieu took cue from constitutional
practices of then England which adequate safety of civil liberties albeit it was an unwritten
constitution3. However, the written constitution of the world is American Constitution (1787)
incorporated elements of Locke and Montesquieu.
Though India is relatively a new country in adoption of a written constitution the essence of

1
See Louis Henkin, Introduction: The United States Constitution Abroad, in Constitutionalism And Rights.
2
See Bruce Ackerman, The Rise of World Constitutionalism, 83 VA. L. REV.
771, 772 (1997)
3
Id.
5
constitutionalism is deeply embedded in the ethos of constitutional principles. 4 Our constitution
which has borrowed elements from different constitution of the world has somewhat consolidated
the elements of constitutionalism through the passage of time. The available checks and balances in
the constitution have now metamorphosed with judiciary playing a pivotal role in keeping the
government in check. The judiciary over the years with the help of interpretative theories like basic
structure doctrine and extra judicial mechanism like Public Interest litigation has expanded the scope
of constitutionalism in India. Many varied reasons like even handedness of legislature during
emergency days, failure of legislature to provide socio-economic rights to poor and disenfranchised
populace, human rights abuses amongst others led to imbalance which judiciary stepping in to put
restrain on the government.
During the framing of constitution Dr. B.R. Ambedkar, the principle architect of constitution, quoted
“I feel, however good a Constitution may be, it is sure to turn out bad because those who are called
to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if
those who are called to work it, happen to be a good lot. The working of a Constitution does not
depend wholly upon the nature of the Constitution.”5 Ambedkar prophetic words also revived the
spirit of constitutionalism as judiciary now stepped in to carry out functions of legislature. Strictly
speaking, there is no provision for separation of powers in Indian Constitution. But still functions of
different organs of the government are explicitly outlined with appropriate checks and balances. But
does such intrusion by Judiciary into the domain of legislature negate the very principles of
constitutionalism which clearly defines role of different organs of the government? The answer is in
negative. Constitutionalism also advocates a limited form of government with appropriate checks
and balances. The presumption can be drawn the required tools to check arbitrariness in constitution
failed to work.

4
India gained independence from British rule on August 15, 1947. See Sharad D. Abhyankar, India, in Vii
Constitutions of the Countries of the World.
5
Referring to the apprehensions expressed by the Constituent Assembly members on the removal of "due process,"
from Article 15 of the draft constitution, Dr. B.R. Ambedkar observed: "'We are therefore, now, by introducing Article
15A, (Article 22 of the Constitution) making, if I may say so, compensation for what was done then in passing Article
15. In other words, we are providing for the substance of the law of "due process" by the introduction of Article I5A."
IL (citing IX Constituent Assembly Debates 1497).
6
 a). Aim of the Paper

The paper tries critically analysing the precepts of constitutionalism in the Indian context and how
contemporary development in the field of constitutional law in India has ramifications over the
principles that are followed in this country. The practice of constitutionalism followed in United
Kingdom and United States of America is also briefly discussed in this paper.

b). Research Problem

The paper also will deliberate upon the question whether there is a gradual erosion of
constitutionalism in India. The Fundamental Rights case gave the Basic Structure doctrine vis-à-vis
through judicial interpretation. But the emergence of derived basic structure principles as illustrated
in the recent fourth judges’ case might the stretch the arc of constitutionalism to disproportionate
measures. Similarly, PIL movement in India has checked arbitrariness of State excesses but it has
also encroached the domain of legislature.

c). Hypothesis

Constitutionalism principles in India lacks a proper shape and are in complete disarray due to too
many borrowed elements from different constitution of the world. Moreover, the principle of
constitutionalism is conflicting with the principles of separation of powers.

d). Research Methodology

The author of the paper has followed a conventional doctrinal research and has also undertaken
comparative research of UK and USA constitutions. The paper has also discussed some of the
principles enunciated in cases like Keshavnanda Bharti case,6 I.R Coelho case,7 Rameshwar Prasad
Thakur case8, Naz foundation9 and the recent fourth judge case10 illustrates growing problems for
interpretation of constitutionalism in future.

6
(1973) 4 S.C.C. 225
7
AIR 1999 SC 3197
8
(2006) 2 SCC 1
9
Civil Appeal No. 10972 of 2013 of Supreme Court of India
10
Writ Petition(Civil) No. 13 of 2015 of Supreme Court of India
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 e) Literature Review

Jeremy Walden; Constitutionalism: A Sceptical View.

Jeremy Walden has brought out the concept of constitutionalism using logical deduction. Walden
analysed the principle of constitutionalism by studying its practice in different jurisdictions
particularly UK, USA, South Africa and New Zealand. One of the most notable contributions of
Walden analysis is that it explicitly defined features of constitutionalism like written/unwritten
features, models of restraint on government, popular sovereignty etc. The paper also categorized
types of constitutionalism model. But one of the drawbacks of the paper was the author has stressed
too much on the concept of constitutionalism that it has failed to take account of constitutionalism
model followed in Asian countries. The western model of constitutionalism no doubt is the defining
feature but the practice of constitutionalism in Asian countries should not be overlooked.

Vijayashri Sripati; Toward Fifty Years of Constitutionalism and Fundamental Rights in India:
Looking Back to See Ahead (1950-2000)

The article reflects the Indian constitutional history on the backdrop of constitutionalism model
followed in India. The author also paints a grim picture of growing intolerance due rise of Hindutva
movement in India. Notwithstanding the detailed picture drawn on the paper the author misses the
mark when he failed to explain the meaning of constitutionalism as per the Indian constitution. The
author just gave a fractured narrative retelling the events of promulgation of constitution and its
tumultuous journey during the emergency days. But how such events has shaped and affected the
constitution needs to be succinctly stated.

Akhil Reed Amar, America’s Constitution, Written and Unwritten

The article explored American Constitutionalism system since its inception. The written and
unwritten features of constitution is explained and its different advantages and disadvantages. The
author has analysed the bill of rights in a detailed manner and stated how overlapping of rights in
ninth and fourteenth amendment might sensibly be interpreted and enforced. Minly the rights and
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privileges as guaranteed by the American constitution is discussed on the backdrop of
constitutionalism.

Milan Dalal; India's New Constitutionalism: Two Cases That Have Reshaped Indian Law

The author has taken two cases I.R Coelho, and Raja Ram Pal case to discuss that there is a taciturn
shift in the changing concept of constitutionalism. These case involved review of legislative and non-
legislative functions of the government that showed how the supreme court of India is undergoing
an identical transformation heralding itself as an equal stakeholder in the power structure of the
government.

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 CONCEPT AND MEANING
The Oxford English Dictionary11 defines constitutionalism in a broader sense to an attitude or
disposition-“adherence to constitutional principles.” A constitutionalist is one who takes constitution
very seriously and who does not stray away from the path of important values incorporated in the
constitution. Constitutionalism therefore refers to the sort of ideology that makes this attitude seem
sensible. But this definition reeks of fundamentalism that might hinder the growth of constitution in
a holistic manner. A constitution is a social organic document that changes not drastically though in
passage of time to subserve the aspirations and needs of the future generations. A constitution cannot
be stuck in a time warp otherwise it will lose its very purpose. Roger Scruton’s defined the term in
Dictionary of Political Thought12 advocacy of constitutional government. i.e. of “government
channelled through and limited by a constitution.” So a constitution is just a bulwark to a tyrant
march to impose absolutism. This same principle was reiterated in Andras Sajo’s book Limiting
Government: A Introduction to Constitutionalism13. In a forward to Sajo’s book, Stephen Homes
writes that that “constitutions are giant restraining orders motivated by a passion for avoidance. They
are inevitably propelled by the desire to escape specific dangerous and unpleasant political
outcomes.”
The evolution of modern constitutionalism can be traced if we go through the works of three scholars
C.H. McIlwain (Constitutionalism and the Changing World published in 1939),14 Carl J.Freidrich
(Constitutions and Constitutionalism) and Karl Loewenstein(Constitutions, Constitutional Law).
According to McIlwain, “A constitutional government and must be limited government if it is
constitutional at all.” 15 So basically the form of government doesn’t matter at all. Taking the
argument further it can be presumed that constitutionalism exist in dictatorship countries also.
McIlwain propounded the theory during the backdrop of rising fascism which shaped his views
regarding constitutionalism in an orthodox manner. He was of further opinion that a free market
economy could only provide conducive environment for proper growth of constitutionalism. Carl J.
Freidrich, on other hand, severely criticised McIlwain model as such model lacks elements necessary
for constitutionalism to thrive. McIlwain failed to discern the difference between constitutional and

11
See Oxford English Dictionary online, op. cit.
12
See Roger Scruton, A Dictionary of Political Thought (London: Macmillan 1982), p.94.
13
See Andras Sajo, Limiting Government: An Introduction to Constitutionalism (Budapest: Central European Press,
1999)
14
See C.H McIlwain, Constitutionalism Ancient and Modern (Ithaca: Cornell University Press, 1940), p.24.
15
Ibid
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non-constitutional model. Further, only organization of government is no sufficient as a prerequisite
for constitutionalism. Freidrich proposed his constitutionalism model based on two parameters:
a) The life, liberty and property of individual should be protected. The personal sphere of individuals
should be protected against personal sphere. He cited the example of Bill of Rights to further its
argument.
b) There should be application of separation of powers with federalism as it main feature.
Constitutionalism implies, according to Freidrich, the practice of politics according to ‘rules of the
game’ which ensure effective restraints upon governmental and other political action, and the theory-
explanatory as well as justificatory-of this practice.
Karl Lowenstein morphological theory of constitutionalism 16 gave the skeletal outlook of
constitutionalism model. According to him, the formal institution in the accepted contemporary sense
establishes the political agencies-organs; power-holders of a state community and the institutions
and techniques by which they are expected to conduct the political process, regulates the mutual
relations of the power-holders or state organs, particularly their co-operation in formulating the will
of the state(frame of government). In addition, the contemporary constitution regulates the mutual
relations between the public authorities and the citizens and among the citizens themselves; this
section of civil liberties is usually spoken of the bill of rights.
The aforementioned three model of constitutionalism has no doubt shaped the future of constitutions
around the world.

16
See Akhil Reed Amar, America’s Constitution, Written and Unwritten, 57 Syracuse L.Rev.267 (2007) at 269.
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 INTERNATIONAL PERSPECTIVE

The concept of constitutionalism both differed in United States of America and United Kingdom
albeit to a lesser extent. While USA follows the model of judicially enforced limitations on legislative
authority the UK followed the Westminster model which is based on parliamentary sovereignty. The
practice has differed over the years but initially there was a common ground over which both the
models shared similar features.17 Despite the differences between English and American
constitutionalism, the concept of constitutionalism in both countries celebrate and advocate forms of
political structuring that limits the power of government in various ways. Many of the forms are
similar (like federalism); while some of them are different (like the more extensive provision for
judicial review of legislation in the United States).
UK does not have a written constitution. There is no single canonical document that defines the
constitution of UK. Legislations like the Bill of Rights of 1689, the Act of Union of 1707, the
European Communities Act of 1971, The Human Rights Act of 1998 and the various Representation
of the people Acts from 1918 to 2000. The unwritten feature of UK constitution is subject to intense
debate and deliberations. It is generally argued that individual rights and rules restraining government
are insecure unless they are laid down in the terms of a written constitution. It will be useful to recall
the Walton Hamilton ironic definition: “Constitutionalism is the name given to the trust which men
repose in the power of words engrossed on parchment to keep a government in order.” Here it will
be useful to reflect the words of Justice Marshall in Marbury v Madison:18
“All those who have framed written constitutions contemplate them as forming the fundamental and
paramount law of the nation, and consequently the theory of every such government must be, that an
act of the legislature repugnant to the constitution is void. This theory is essentially attached to a
written constitution……”

While UK is still stuck in a time warp the Americans on the other hand believed in the tangible
worthiness of a constitution. The drawback of unwritten aspects of the U.K constitution is that there
is a taciturn shift in subject matter and the line between a normative provision of the constitution in
this sense and a normative view about what the provisions of the constitution ought to be is a subject

17
See Trimbak Krishna Tope, The Constitution of India 37 (1971) (discussing the similarities and differences in the
United States and Indian constitutions).
18
5 U.S. 137 (1803), at 177.
12
of constant equivocation. Noted American scholar Jeremy Walden19 cautions that the written feature
of the constitution is heavily swayed by the interpretation of lawyers, judges and such abstract
interpretive debates can sometimes crowd out serious arguments focused on the merits of the
question under discussion, whether it is abortion, or affirmative action or campaign finance reform.

19
See Jeremy Walden, Constitutionalism: A Sceptical View. Georgetown University Law Center(2010)
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 CONSTITUTIONALISM IN INDIAN CONTEXT

In I.R.Coelho(Dead)LRs vs.State Of Tamil Nadu and Ors 20 the Supreme Court reiterated that the
constitution is a living document. The constitutional provisions have to be construed having regard
to the march of time and the development of law. The principle of constitutionalism is now a legal
principle which requires control over the exercise of Governmental power to ensure that it does not
destroy the democratic principles upon which it is based. 21 These democratic principles include the
protection of fundamental rights. The principle of constitutionalism advocates a check and balance
model of the separation of powers, it requires a diffusion of powers, necessitating different
independent centers of decision making. The principle of constitutionalism underpins the principle
of legality which requires the Courts to interpret legislation on the assumption that Parliament would
not wish to legislate contrary to fundamental rights. The Legislature can restrict fundamental rights
but it is impossible for laws protecting fundamental rights to be impliedly repealed by future statutes.
Even though we have important check and balances to keep the government in a limited form there
has been gradual introduction of new elements to keep the excessive power of the government at
abeyance. Two of the elements are introduction of Public Interest Litigation (“hereinafter,”PIL) and
the basic structure doctrine. PIL movement started in the aftermath of emergency days when there
was curtailment of civil liberties and excessive arbitrary decisions were introduced. 22 The PIL
enabled ordinary citizens to question any laws, rules, bye-laws or policies of the government which
found to be arbitrary. The success of PIL has no doubt helped to keep the power of the government
in check but its misuse vis-à-vis frivolous PILs.
The fundamental rights case in 1973 gave birth to a new theory called the Basic structure doctrine.
The basic structure doctrine encapsulates all the features of a constitution which cannot be amended.
Parliament can amend the constitution but that amendment has to withstand the basic structure
doctrine test. Following the enunciation of basic structure which consisted of limited number of
features there has been addition of new elements in subsequent cases. Of recently, in the fourth judges
transfer case the bench reiterated the primacy of judiciary as part of the basic structure doctrine which
was introduced in the second judges transfer case. Many new elements introduced in the basic

20
AIR 1999 SC 3197
21
See Milan Dala Two New Cases that Have Reshaped Indian Law, 31.B.C.INT’L & COMP L.REV. 257, 257 (2008).
22
See Worst Legacy of Emergency Persists, HINDU, June 24, 1998 (discussing Indira Gandhi's nineteen-month Emergency
as the period when India "ceased to be a democracy")
14
structure doctrine for part of the derived basic structure as noted by senior advocate Raju
Ramachandran.

Both the PIL and basic structure doctrine though not doubts are exemplary features of judicial
craftsmanship but its misuse has been stretched to limit the powers of the government. There has
been intense debate and deliberations in the recent past whether such extra constitutional
mechanism is needed to keep a check on arbitrary powers of the government. It is not necessary
that appropriate check and balances should be only found in the constitution. As mentioned earlier
that constitution is a living document its organic growth should not be stalled for want of limited
measures. It is on the prerogative of lawmakers to insert elements into constitutionalism for its
execution in both letter and spirit of law.

7 PRINCIPLE:-
Checks and balances Each branch of the national government has
certain controls (over) the other two branches.
Limited Government Government’s power is limited by rule of law
which includes the constitution and the laws
which are passed in the pursuance of the
constitution. This means that government is
not at all powerful.

Individual rights Personal freedoms, personal protections, and

equality under the law that guaranteed in the
constitution, the bill of rights, and laws of U.S.

Popular Sovereignty Ultimate power and final authority rest with

‘we the people’ or all citizens.

Republicanism The people exercise their power by deligating

it to representatives chosen by through the
election process.

Federalism States where federal system of government

where power is divided between the national
government and government of states.
Constitution lists the powers of the national
government as well as certain powers denied
by states.

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 Separation of powers Power within national government is divided
among three separate branches; Legislative,
Executive, Judiciary

It is precisely because the language of constitutionalism, considered as a normative technology, finds

it ever more complex and difficult to address the problems of communal living it poses in and for a
post-state world, that it becomes all the more important to retain the language of constitutionalism,
considered as a symbolic legacy, as an insistent reminder of what and how much is at stake. The day
that constitutionalism’s inability perhaps even an expansively conceived multilevel
constitutionalism’s inability - to provide stock answers to its abiding questions becomes a settled
reason no longer even to ask these questions is the day that constitutionalism’s historical paradigm
will truly have been exhausted.23

USAGE OF CONSTITUTIONALISM: -
Constitutionalism has prescriptive and descriptive uses. Law professor Gerhard Casper captured this
aspect of the term in noting that: "Constitutionalism has both descriptive and prescriptive
connotations. Used descriptively, it refers chiefly to the historical struggle for constitutional
recognition of the people's right to 'consent' and certain other rights, freedoms, and privilege. Used
its meaning incorporates those features of government seen as the essential elements of the
Constitution.

Prescriptive Use:

In contrast to describing what constitutions are, a prescriptive approach addresses what a

constitution should be. As presented by Canadian philosopher Wil Waluchow, constitutionalism
embodies "the idea that government can and should be legally limited in its powers, and that its
authority depends on it observing these limitations. This idea brings with it a host of vexing
questions of interest not only to legal scholars, but to anyone keen to explore the legal and
philosophical foundations of the state." One example of this prescriptive approach was the project

23
http://plato.stanford.edu/entries/constitutionalism/
16
of the National Municipal League to develop a model state constitution. 24

Descriptive Use:

One example of constitutionalism's descriptive use is law professor Bernard Schwartz's 5 volume
compilation of sources seeking to trace the origins of the U.S. Bill of Rights. Beginning with English
antecedents going back to the Magna Carta (1215), Schwartz explores the presence and development
of ideas of individual freedoms and privileges through colonial charters and legal understandings.
Then, in carrying the story forward, he identifies revolutionary declarations and constitutions,
documents and judicial decisions of the Confederation period and the formation of the federal
Constitution. Finally, he turns to the debates over the federal Constitution's ratification that ultimately
provided mounting pressure for a federal bill of rights. While hardly presenting a "straight-line," the
account illustrates the historical struggle to recognize and enshrine constitutional rights and
principles in a constitutional order.

24
Supra see note 2.

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 CRITICISM
Constitutionalism has been subject of criticism by numerous anarchist thinkers. For example, Murray
Rothberg, who coined the term “anarcho-capitalism”, attacked constitutionalism, arguing that
constitutionalism is incapable of restraining governments and do not protect the rights of citizens
from their government. Rothberg wrote that is true that, in the united states, at least, we have a
constitution that imposes strict limits on some powers of government. But, as we have discovered in
the past centuries, no constitution can interpret itself; must be interpreted by men and if ultimate
power to interpret a constitution is given to the government’s own supreme court, then the inevitable
tendency is for the court to continue to place its imprimatur on ever broader powers for its own
government. Furthermore, the highly touted “checks and balances” and “separation of powers”. In
the American government are flimsy indeed, since in the final analysis all of this division are the part
of same government are governed by the same set of rule.

1. Judicial reforms should be implemented with immediate effect as more than 30 million cases
are pending in various courts all over the country.
2. Criminalization of politics is a bane for democracy and unless urgent steps are taken to
counter it, might see the eventual failings of it.
3. Political and administrative corruption is a sad reality of Indian administration and this cancer
should be removed from the body of Indian democracy on an emergency basis.
4. Economic backwardness has resulted in antisocial movement in the form of rise of naxalism.
Unless it is curbed it can turn into serious problem for Indian administration.
5. Aspiration of people at the local level are increasing at an exponential manner if they are
fulfilled the mounting frustration are extremely dangerous for functioning if democratic
system.25

25
www.preservearticles.com/2011092714112/what-are-the-important-features-of-constitution.html
18
 CONCLUSION

The backdrop in which the constitutionalism is discussed provides us a vision to see the
contemporary perspective, in which we find that there are very detailed description of powers of
organs of government so that they can exercise their powers within the boundaries of constitution
i.e. Higher law in India, owing to which governmental organs become unable to entertain arbitrary
powers and also these provisions provide a paramount place to laws whose main aim is to protect the
interest of individuals in the country. The concept of constitutionalism is deeply entrenched in the
Indian legal soil but its practice in the recent years has been faltering. The recent intolerant debate
that has been raging in the country is simply antithesis to the principles of constitutionalism. As we
law students we can so far promote the value of constitutionalism right from the ground level. Legal
activism is one of the best ways to inculcate the value of constitutionalism. Voices need to be raised
against any form of injustice. Judges are to promote the value of constitutionalism emanating from a
legal draft, drafted by constituent assembly constituted of representatives expressing their public
opinion. Although, Secondary public opinion cannot overrule primary public opinion, but every
provision has its own importance and if any provision is not explicitly present in a constitution but
its reflection is found in some clauses, then it will be sufficient to promote the spirit of
constitutionalism.
It is a rule of law which may be defined as a legal order in which the laws of stable, can be known to
all and cannot be subverted by the caprice of a ruler or official. The purpose of constitutionalism is
providing local people autonomy to some extent as it is saying that one’s betterment and country’s
development.

19
 BIBLIOGRAPHY

BOOKS:

1. V.N. Shukla’s Constitution of India by Prof. (Dr.) Mahendra Pal Singh (Revised). 13th
Edition,2017 with supplement 2019.
2. M P Jain Indian Constitutional Law. 8th Edition.
3. Udai Raj Rai, Fundamental Rights and Their Enforcement, PHI Learning Pvt., LTD, New
Delhi.
4. Introduction to the Constitution of India – Dr. Durga Das Basu

ARTICLES AND JOURNALS:

5. Akhil Reed Amar, America’s Constitution, Written and Unwritten, 57 Syracuse L.Rev
6. Jeremy Walden, Constitutionalism: A Sceptical View. Georgetown University Law
Center(2010)
7. Bruce Ackerman, The Rise of World Constitutionalim, 83 VA. L. REV. 771, 772 (1997)

WEBSITES:

8. http://www.manupatra.com/
9. http://www.clpr.org.in/
10. http://www.legalservicesindia.com/
11. https://www.encyclopedia.com/
12. https://www.politicalsciencenotes.com/

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