Hitler misused Constitution to become a dictator: Delhi HC judge warns of authoritarianism, ‘he amended German laws’

Delhi High Court Chief Justice DK Upadhyaya made a stern statement at the 29th Justice Sunanda Bhandare Memorial Lecture on Friday about the importance of rule of law. He emphasised that existence of a Constitution and practicing constitutionalism are distinct concepts. Justice Upadhyaya asserted that even authoritarian regimes have a constitution, but they lack constitutionalism.

Delhi HC judge warns against authoritarianism

To explain the importance of practicing constitutionalism he referred to the rise of dictator Adolf Hitler. “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,” Bar and bench quoted Justice Upadhyaya as saying.

Having a Constitution and practicing it are 2 different things

“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,” he added.

According to Justice DK Upadhyaya the rule of law draws a line between having a constitution and practicing constitutionalism, thus differentiating the two. Explaining the same, he said, “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.”

Adolf Hitler, the dictator of Nazi Germany from 1933 until his suicide in 1945, had come to power through democratic elections. The Austrian-born German politician amended laws and became a de-facto dictator of Germany by legally outlawing other political parties.

Commending Indian judiciary’s role in expanding modern constitutionalism, he said that the judiciary’s has delivered numerous landmark judgments that have strengthened constitutional principles. In his concluding remarks he said, “Institutions must not only exercise power but also be accountable for their decisions and actions.”