A Constitution is only as strong as the rule of law that upholds it, says Justice DK Upadhyaya
At the 29th Justice Sunanda Bhandare Memorial Lecture, Delhi High Court Chief Justice DK Upadhyaya issued a stark reminder: having a constitution does not necessarily mean practicing constitutionalism. Citing Adolf Hitler’s rise to power, he underscored the dangers of unchecked authority cloaked in legal legitimacy.
“Even authoritarian regimes have constitutions,” he noted, “but what they lack is constitutionalism—the commitment to the rule of law.” He pointed to Nazi Germany as a chilling example, where Hitler leveraged democratic processes to consolidate power before systematically dismantling opposition through legal amendments.
“Hitler was elected Chancellor under existing laws, but he manipulated the system to eliminate political competition and establish dictatorship—all through legal means,” Justice Upadhyaya stated.
His lecture, focused on India’s Modern Constitutionalism, delved into the evolving role of constitutional principles in governance. He emphasized that true constitutionalism requires institutional accountability, not just the presence of a legal framework.
“The separation of powers ensures that authority is divided among the legislature, executive, and judiciary. But power must always be accompanied by accountability,” he stressed.
Justice Upadhyaya highlighted the judiciary’s role in expanding constitutional protections, citing landmark rulings that have reinforced rights under Article 21—including dignity, fair trial, education, and protection against sexual harassment.
“Institutional accountability and the protection of rights must remain central to our constitutional evolution,” he concluded, warning that legal systems must be vigilant against forces that exploit democratic structures to erode fundamental freedoms.