Constitutionalism And Rule Of Law In India And USA: A Comparative Study

Pooja Kumari, Chanakya National Law University, Patna

ABSTRACT

Constitutionalism and the rule of law are fundamental principles that underpin democratic governance and protect individual rights within a society. However, in many countries, these principles face significant challenges and threats that undermine their effectiveness and implementation. The problem statement revolves around some major key issues like firstly, many nations experience a gradual erosion of constitutional principles due to political interference, authoritarian tendencies, or lack of enforcement mechanisms. This erosion leads to the concentration of power in the hands of a few, weakening the checks and balances essential for a functioning democracy. Sometimes judicial independence, a cornerstone of the rule of law, is also under threat from political pressure, interference, or manipulation. When the judiciary lacks autonomy, it cannot serve as an effective check on executive and legislative power, compromising the balance of power essential for constitutional governance. Secondly, on various occasions, the rule of law is selectively applied, favoring certain groups or interests over others. This selective application undermines public trust in institutions, leads to corruption and perpetuates social injustices. The digital age presents new challenges to constitutionalism and the rule of law, such as issues related to data privacy, online censorship, and surveillance. Addressing these challenges requires comprehensive reforms aimed at strengthening legal frameworks, promoting transparency and accountability, enhancing judicial independence, and fostering a culture of respect for constitutional principles and the rule of law. Therefore, the concept of constitutionalism and rule of law in India and USA is discussed in the various chapters of this paper for a comprehensive understanding.