Previous Year Question

A Constitutional Government is one whose authority originates from the Constitution and whose powers are simultaneously limited by the Constitution.

The Government is not above the Constitution. Every public institution, including the legislature, executive and judiciary, must function within constitutional limits.

Its principal features include:

• Limited government: Public power cannot be exercised arbitrarily.

• Supremacy of the Constitution: All governmental institutions remain subject to constitutional authority.

• Rule of law: Both the Government and citizens are governed by law.

• Separation of powers: State powers are distributed among different institutions.

• Checks and balances: Each institution is subjected to constitutional restraints exercised by others.

• Fundamental Rights: Individuals receive protection against arbitrary State action.

• Independent judiciary: Courts interpret the Constitution and protect rights.

• Judicial review: Unconstitutional laws and executive actions may be examined.

• Accountable government: Public authorities remain answerable under the Constitution and law.

Option (a) is incorrect. A Constitutional Government need not necessarily be federal. A unitary system may also operate under effective constitutional limitations.

Option (b) is incorrect. A nominal executive head may be a characteristic of a parliamentary system, but it does not by itself define Constitutional Government.

Option (c) is incorrect. A head possessing real executive powers may be a feature of a presidential system. It is unrelated to the essential meaning of Constitutional Government.

Constitutional Government is also broader than the mere existence of elections. An elected Government must still be limited by the Constitution, individual rights and the rule of law.