Abstract

There is no explicit procedure enshrined under the constitution to demark the path of constitutionalism, it evolves and develop beneath the sense of what is righteous in a manner to act in accordance with the legitimate actions. Now the question may arise as to what are the legitimate action? To understand the difference between the constitutionalism and constitution it is necessary to critically examine and go narrowly into the formation and thereby legislative intent of a law. As Dr. Justice. D.Y. Chandrachud quoted the words of Dr. B.R. Ambedkar in response to the criticism of the borrowed Constitution in the Nani Palkhiwala Lecture , “No one owns the patent right to the fundamental ideas of the Constitution”, he acknowledges the great work of the constituent assembly in the formation of world’s largest constitution to govern the world’s largest democracy. The governing of the largest democracy bearing the system of the governance wherein the constitution contemplates the idea of federalism. This paper aims to distinguish between mere rule of law and the spirit of constitutionalism and to understand why constitutionalism is important for a democracy to bloom and thrive.

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