Reflection on Indian and Australian Constitutionalism

Abstract

Every country has its own Constitution but it does not imply that Constitutionalism is also flourishing there. The term constitution and constitutionalism reflects two different meaning.  As per the scholars, Constitution entrusted with it the written and unwritten principles, which regulate the administration within a nation.  On the other hand, ‘Constitutionalism’ refers to those values, ideas and principles that govern the government organs while performing their function and exercising their powers. These values are so inherent, that without which the spirit of constitution cannot be follows. In the general sense constitutionalism refers a government with limited power and it is antithesis of arbitrariness. Professor Gerhard Casper recognized the descriptive and prescriptive usage of constitutionalism. In descriptive sense it often associated with struggle by historians for acknowledgment of common people’s “right to consent” in constitution and establishment of state institutions as crucial aspect of constitution, and In prescriptive approach it concern with functioning of state functionaries in such a manner that it ensures compliance with constitutional spirit. Therefore, constitutionalism describes both source of power and limitation on that power. Once both India and Australia were British colonies, but after the independence, they adopted their own constitution, which has started to work in its own way. India has a unique experience with regard to constitutionalism. It has excellent administrative structure but excessive bureaucratization, pluralistic society and local politics, which often raise a question on constitutionalism. On the other hand Australian constitution emphasis on institutional arrangements for the purpose of protection of rights and it incorporates sufficient safeguards, which ensure collective decision making by politician. The object of the paper is to provide a comparative analysis of Indian and Australian constitutionalism that will be useful to utilize the experiences of one country to promote the constitutionalism. In this paper, firstly researcher discusses the concept of constitutionalism in India and Australia. Researcher attempted to explore that how the concept of constitutionalism is work and at what extent this concept is undermined in both the countries.