LIVING CONSTITUTION AND CONSTITUTIONALISM

Authors: PRIYANSHI JAIN, Student of DHARMASHASTRA NATIONAL LAW UNIVERSITY, JABALPUR

Best Citation – PRIYANSHI JAIN, LIVING CONSTITUTION AND CONSTITUTIONALISM, Indian Journal of Legal Review (IJLR), 3 (1) of 2023, Pg. 401-408, ISSN – 2583-2344.

ABSTRACT

This research paper is an analysis of the idea of ‘living constitution’, as a common feature of the constitutional practice in democratic countries. The main finding of this research is whether our constitution of India is a static or a living document. There seems to be different arguments in favour of as well as in against of this idea. So this research will come up with conclusion based on this.

India has a Constitution which is living, adapting, and changing, simultaneously invincibly stable and impervious to human manipulation. This research will find out whether our constitution of India is static or living document. And this research will analyse the different elements and aspects related to living constitution of India.

Constitutionalism is a concept based on the idea of restraining the power of Government through law of land and to promote the concept of limited government. This research will throw the light on this concept and will explain how constitutionalism has been achieved through constitution.

Now since this practice of constitutionalism is being challenged by various huddles and is being continuously declining. So this research will analyse those factors behind this. This research will also work upon the relation between living constitution and constitutionalism, whether they are interrelated and interdependent or not. Hence this research will come up with few findings on the basis of all these.