January 16, 2018
A constitution can flourish only if there exists a culture of respect for constitutionalism, and not just constitutionality. Constitutionality means ensuring that one is legally on the right side of the constitution. Constitutionalism is a broader commitment to the idea that state power must always be limited, accountable and democratic. It is a commitment to the letter as well as the spirit of a democratic constitution ñ one that demands that state officials respect not only the law but also the customs and conventions that allow institutions to function properly.
“The unprecedented press conference by the four seniormost justices of the Supreme Court is a desperate public appeal to defend constitutionalism. Since Indira Gandhi’s authoritarian quest for a ‘committed judiciary’, this episode highlights the biggest threat to the Court’s institutional integrity. The immediate provocation is the allegedly arbitrary use of the administrative powers of the Chief Justice of India to pre-determine the outcome of politically sensitive cases.
A resilient constitutional democracy will usually be able to correct an aberrant crisis within one of its institutions. But when constitutionalism is under assault from multiple directions, and a deep malaise infects various constitutional institutions, a crisis in a key constitutional watchdog can be devastating.”
Read the full article at Times of India.