Existence of a Constitution and practicing constitutionalism are distinct concepts, Delhi High Court Chief Justice DK Upadhyaya said on Friday while highlighting the importance of rule of law..Speaking at the 29th Justice Sunanda Bhandare Memorial Lecture, Justice Upadhyaya remarked that even authoritarian regimes have a constitution but they lack constitutionalism. He particularly referred to the rise of dictator Adolf Hitler."Now we need to differentiate between having a constitution and practicing constitutionalism. What separates these two, in my understanding, is the rule of law. You know, even authoritarian regimes may have a constitution, but sans constitutionalism. The best example is that of the rise of Hitler after the First World War in Germany," Justice Upadhyaya said..Adolf Hitler had come to power through democratic elections and later became a de-facto dictator of Germany by legally outlawing other political parties by amending the laws."Everyone of us know that Hitler was elected the Chancellor (of Germany) as per the laws of the time in Germany but he amended the laws or law making procedure in such a manner that he became, by following the law, a dictator. So that's the difference. I wanted to point out to the gathering here today, that having a constitution and practicing constitutionalism, these are two different things we have to always keep in mind," the Chief Justice said..Commenting on the event's topic - India's Modern Constitutionalism, Justice Upadhyaya said: "This year, the topic chosen for annual lecture is of great contemporary importance." Later in his lecture, Justice Upadhyaya particularly focused on the features of the Indian constitution and its evolution since independence. One of the most significant contributions of the Constitution was its commitment to equality, he said."The principle of separation of power was also adopted in the Constitution, dividing authority among the legislature, the executive and the judiciary. The basic premise of this principle is that the exercise of power must be accompanied by accountability," Chief Justice added.He further said that the resilience of India's constitutional framework lies in its ability to uphold the rule of law, ensure institutional accountability, and protect the rights of people..Speaking on the role of judiciary in expansion of India's constitution, Justice Upadhyaya said,"The judiciary has also played a key role in expanding modern constitutionalism in our country. It has derived various rights under Article 21 such as the right to live with dignity, the right to livelihood, the right to fair trial, right to food and shelter, the right to education and the right against sexual harassment."In recent decades, the judiciary has delivered numerous landmark judgments that have strengthened constitutional principles, he added."We must also acknowledge the role of constitutional courts in filling the constitutional silences ... that is certain features are not explicitly mentioned in the Constitution," the Chief Justice emphasized.In conclusion, Justice Upadhyaya stressed on accountability of the institutions in India. "We must acknowledge that there are certain features of constitutionalism on which it keeps evolving. Separation of power, rule of law, accountability of the institutions and protection of people's right rights are such features on which we keep expanding our jurisprudence. Institutions must not only exercise power but also be accountable for their decisions and actions," he said in conclusion. .[Watch Justice Upadhyaya's speech]
