Constitutionalism and Democracy: Evaluating the Balance in India

Authors

  • Dr. Jai Prakash Kushwah Advocate, Madhya Pradesh High Court, Gwalior, Madhya Pradesh, India, [DLIL, LL.B., LL.M.(Medalist), Ph.D. (Law), Ph.D. (Geographical Crime), B.Sc. (Maths), MA (English), MA(Geography), IGD Bombay, EGD Bombay]. https://orcid.org/0000-0001-7831-9263

DOI:

https://doi.org/10.53724/ambition/v8n4.05

Keywords:

Constitutionalism, Democracy, India, Balance, Majoritarianism, Minority Rights, Judiciary, Socio-economic Disparities

Abstract

This paper critically evaluates the delicate balance between constitutionalism and democracy in India. It examines the development of democratic governance as well as the historical background of the Indian Constitution's drafting. In order to evaluate the degree to which India has succeeded in striking a peaceful balance between constitutionalism and democracy, the study employs a multidisciplinary approach that draws on legal, political, and social viewpoints to examine important constitutional concepts and democratic institutions. It also looks at current issues, such as conflicts between majoritarianism and minority rights, the significance of the judiciary in preserving constitutional principles, and how socioeconomic inequality affects democratic engagement. This study provides insights into strengthening the mutually beneficial relationship between constitutionalism and democracy in India by highlighting its advantages, disadvantages, and potential reform areas.

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References

Human Rights Watch. (2002). "We Have No Orders to Save You: State Participation and Complicity in Communal Violence in Gujarat." Retrieved from https://www.hrw.org/report/2002/04/30/we-have-no-orders-save-you/state-participation-and-complicity-communal-violence.

India: November 1984 Sikhs' Massacre - Twenty Years of Injustice." Retrieved from https://www.amnesty.org/en/documents/asa20/005/2004/en/.

"Fact Finding Reports." Retrieved from http://www.ncdhr.org.in/research-and-studies/fact-finding-reports.

"Lynching and Mob Violence." Retrieved from https://amnesty.org.in/wp-content/uploads/2018/06/Lynching-Mob-Violence-In-India-English.pdf.

"Denied: Failures in Accountability for Human Rights Violations by Security Force Personnel in Jammu and Kashmir and Manipur." Retrieved from https://amnesty.org.in/denied/.

Published

26-02-2024
CITATION
DOI: 10.53724/ambition/v8n4.05
Published: 26-02-2024

How to Cite

Dr. Jai Prakash Kushwah. (2024). Constitutionalism and Democracy: Evaluating the Balance in India. Research Ambition an International Multidisciplinary E-Journal, 8(IV), 25–57. https://doi.org/10.53724/ambition/v8n4.05

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