Previous Year Question

A constitutional government is one whose powers are defined and limited by a constitution. Therefore, a constitutional government is, by definition, a limited government.

The formal existence of a constitution alone is insufficient. Under constitutional government, public power must operate within the Constitution, the rule of law, individual rights and institutional checks.

Principal features of limited government

Supremacy of the Constitution

All governmental institutions derive their powers from the Constitution and are not above it.

Rule of law

Governmental power must be exercised according to law. Arbitrary government is incompatible with constitutional government.

Distribution of powers

The allocation of functions among the legislature, executive and judiciary prevents excessive concentration of authority.

Fundamental Rights

The rights of citizens and persons impose constitutional limits on State power. Article 13 makes laws inconsistent with Fundamental Rights void to the extent of inconsistency.

Judicial review

The Supreme Court and High Courts may examine the constitutional validity of governmental laws and actions.

Responsible government

Under the parliamentary system, the Council of Ministers is collectively responsible to the Lok Sabha.

Federal distribution of power

Articles 245–246 and the Seventh Schedule define the limits of legislative power between the Union and the States.

Examples of constitutional limitations in India

• Article 13—control over laws inconsistent with Fundamental Rights.

• Article 14—protection against arbitrary State action through equality.

• Article 32—right to approach the Supreme Court for enforcement of Fundamental Rights.

• Article 226—writ jurisdiction of High Courts.

• Articles 245–246—limits and distribution of legislative power.

• Article 368—prescribed procedure for constitutional amendment.

Other options

• Government by legislature: It may describe an aspect of parliamentary government, but it does not define constitutional government.

• Popular government: A government enjoying popular support may still exercise arbitrary or unlimited power.

• Multi-party government: The number of political parties is not an essential test. Constitutional government may operate within one-party, two-party or multi-party political competition.

Additional fact: Limited government does not mean weak government. It means an effective government that exercises power within predetermined constitutional limits, procedures and accountability mechanisms.