FROM PRINTING TO DIGITALIZING : THE EVOLUTION OF CONSTITUTIONALISM DUE TO DIGITALIZATION
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-26 ISSUE NO:- 26 , AUGUST 6, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Jenisha Bhagwani FROM PRINTING TO DIGITALIZING : THE EVOLUTION OF CONSTITUTIONALISM DUE TO DIGITALIZATION Abstract From Writing on Stones to Writing on papers and from writing on papers to getting it printed, From Black and White Pictures to Colourful Pictures, From Radios to Televisions, From Sending messages through Pigeon to sending letters through post office, From sending letters through post office to sending Electronic Mails, etc. Technological Advancement has played a major role, like all other subjects, in constitutional governance transformed from constitutionalism. The technological advancement has fundamentally evolved the fundamentals of constitutionalism, somewhere hampering the legal framework due to new experiences and lack of proper way of treating technology. This paper surveys the changes of constitutional norms and principals as the society transforms from printage to digital age. The people in the former phase relied on newspapers, magazines, novels or books, or other forms of building awareness, being updated, safeguarding freedom of expression, spreading updates and notify democratic governances. In the contrary, the digital advancement has taken a sudden flip making people aware with every small information leading to both awareness and increase in knowledge, controversies and atrocities. The digital transformation needs changes in governance which countries and the government lacked. It somehow breaches rights and freedom of people, breaching privacy leading to cybercrimes and other digitalised offences. This paper examines how did Constitutionalism rise and how it was brought into society, The Rise of Digital Constitutionalism, The Challenges in converting Constitutionalism into Digitalised form. What evolutions took place between the path from Constitutionalism to Digital Constitutionalism. What are the virtues of Digitalised Constitutionalism and What are its challenges. What is the Future of Digital Constitutionalism and Then this research paper ends with Landmark Legal cases, legal developments, and how the courts and government are adapting the new frameworks. Keywords: Digitalization, Constitutionalism, Democratic Governance, Digital Advancement, etc. 1 What is Constitutionalism? As Lord Acton stated, “Power Corrupts, Absolute Power Corrupts Absolutely”1. This means that if power is allotted to any person without limitation it will become arbitrary in future. In the same way, Constitution, being the sovereign authority and ruling body of every Country provides powers to its citizens and its government but it rarely sets a limit to the powers allotted. So to set limits and keep a check on the powers of the Citizens and Government, Constitutionalism term was used in Late 18th Century by Robert Southey, He explained Constitutionalism as an act that specifies that a country should be governed by well-defined rules or the sovereign authority i.e. Constitution in India. Constitutionalism is usually regarded as limited government i.e. it limits the power of the government of a state. Constitutionalism is that doctrine which helps in making sure that government is ruled by an authority and which helps them in working as the duty is provided to them, rather than being irresponsible. Constitutionalism makes sure that every ruler work effectively without procrastinating the work or getting it done arbitrarily. Constitutionalism makes sure though all the organs of the government and all the bodies of governments are independent in their working but it keeps check and balances for all so that no individual having authority crosses the limits given to that person and does not become arbitrary in their rule, It helps in fair functioning of the government. It helps in determining the jurisdiction under which the authority has the power to work. Constitutionalism acts as a spy on all the working authorities , helps in identifying arbitrariness and then punish or reduce the power of person using arbitrariness this function helps in maintaining balance of powers and promote equality for all the masses. Though Constitution is found almost in every country but implementing Constitutionalism effectively is a very rarely found which leads to lack in effective working of the government of the country. The Most recent example of ineffective application of the Constitution is Bangladesh where the norms of the Constitution are not effectively applied inspite of having a good framework of the Constitution and which is leading to internal disturbances. Constitutionalism makes sure that democratic principle of the preamble of India is effectively applied, and ensures that the elected representative works for the betterment of the people and society, ensures development of the society without being capricious. 1 Thucydides,” Lord Acton: ‘Power corrupts, and absolute power corrupts” The Socratic Method 2 Constitutionalism creates certain ethical behaviour and attributes within or according to which every government authority has to work, anything against it becomes ultra vires and applicable for punishment. Constitutionalism ensures the basic principles of the Constitution of every country are followed like- Rule of Law and Procedure established by law being the two every important principles that Constitutionalism works upon. Constitutionalism assures that the principle given by Stan Lee is followed in i.e. With Great Power Comes Great Responsibilities. Furthermore, Constitutionalism helps in providing justice to the people who are suffering from arbitrariness of the ruling government. What is Digital Constitutionalism? As the society is dynamic in nature it brings new changes in its trends in every upcoming period Likewise the people within the society need to transform themselves to cope up with environment in the same-way Government’s working needs to be transformed through Constitutional amendments. So with the changing environment and overtake of Western Culture , technological advancement is in hike, everyday a new technological advancement takes place which made people technologically active and that brought an alarming situation of bringing transformation to the constitutional norms and balancing them with the Technological Advancement. Digital Constitutionalism, as the name suggests, is a compilation of two words namely ‘Digital’ which relates to the Technological advancement and Techno-World and ‘Constitutionalism’ means the norms and principles mentioned in the Constitution of a Country, Like India. Digital Constitutionalism depicts the application of norms of the Constitution to the