Constitutional Morality in India

In the words of B.R. Ambedkar – Constitution is not a mere lawyer’s document, it is a vehicle of Life, and its spirit is always the spirit of the age.

Ours, is the only constitution having 448 articles, 25 amendments, 12 schedules, 6 fundamental rights in a culturally and religiously diverse country like Ours – India.

Constitutional morality and judicial values in India have always been committed to people’s values. As our preamble pledges of justice, social, economic, and political apart from We, the people who live in a socialist, secular and democratic order. In order to deliver justice to the supreme reign, the unison of constitutional morality and judicial values are of pivotal importance.

The Indian constitution is in the safe hands of the custodians of the judiciary. It is in their hands to regulate, incorporate and track the effortless functioning ensuring the achievement of constitutional adherence and goals.

Contents  hide 

1 What is constitutional morality?

2 Ambedkar’s perspective on constitutional morality

3 What are the contemporary notions of the constitution and how to combat it?

4 Supreme Court’s Judgements that challenged Constitutional Morality[ii]

4.1 Following are the examples

5 Importance of Constitutional Morality

6 What are the sources of constitutional morality?

7 Writer’s Analysis:

8 Reference

8.1 Related

What is constitutional morality?

One of the most prolific definitions of constitutional morality given by grate describing the supreme obedience of the constitution enlist the following:

• Revere the constitution
• Exercise the availability of the right to free speech to its citizens
• Maintain decorum
• People who aim to be a part of the political system should have the highest respect for the constitution and its guardians.

Ambedkar’s perspective on constitutional morality

The architect of the constitution, the man who vocally spoke of the constitution using the phrase Constitution morality.[i]

According to B.R. Ambedkar’s perspective, constitution morality means effective co-ordination to resolve mutually without any confrontation amongst the various groups working for the realization. In his opinion, the constitution is the moral fabric of the constitution.

What are the contemporary notions of the constitution and how to combat it?

The judiciary being the intermediary between the people and the state which is responsible to scrutinize between the legislative and administrative arm of the constitutions is the best summed up and explained in Sukra Neeti [IV -5-14- 15] entailing 5 vices:

1. Raga – leaning in favor of a party.
2. Lobha – greed
3. Bhaya –  fear
4. Devesh – ill -will against anyone.
5. Vadinscha rahashruti [ the judge meeting and hearing a party to a case secretly.

The following points, therefore, highlight – diligence. A term that carries out judicial duties like skill, care, and attention.

Supreme Court’s Judgements that challenged Constitutional Morality[ii]

Constitutional morality is not limited only to following the constitutional provisions literally but is based on values like individual autonomy and liberty; equality without discrimination; recognition of identity with dignity; the right to privacy.

Following are the examples

1. In the Sabarimala verdict religious space, gender equality, and the right of women to worship guaranteed under Article 14, 21, and 25 of the Constitution were brought back which was struck down the practice of banning entry of women of a certain age to the Sabarimala temple in Kerala as unconstitutional.[iii]
2. Kesavananda Bharati case, the Supreme Court limited the power of the Parliament to violate the Basic Structure of the Constitution.[iv]
3. In the Naz Foundation case, the Supreme Court said that only Constitutional Morality and not Public Morality should prevail.[v]
4. In the Lt Governor of Delhi case, the Supreme Court proclaimed constitutional morality as governing ideas that “highlight the need to preserve the trust of people in the institution of democracy.[vi]
5. Right to education for the girl child and abolition of sati is part of the early constitutional morality stands.

Importance of Constitutional Morality

Touted to be one of the most transformative and revolutionary in nature, constitutional morality is significant in its own ways, namely:

• The doctrine of constitutional morality safeguards and upholds the enforcement of the rule of law in the country.
• Principally, constitutional morality aids in reading down laws or statutes and help in bringing positive transformation in the perception of societal morality.
• In a country like India, with a heterogeneous population with as many sub-classes, it is vital to maintain the principle of constitutional morality, it recognizes this distinction and makes our society look more inclusive.
• Constitutional morality promotes people to be active participants of the system and fight the inequalities and non-constitutional elements.

What are the sources of constitutional morality?

Though the term morality is not famously stated in the constitution, there are sources from which constitutional morality derives itself namely.

• Constitutional morality can be originated from the constitution itself. Article 12-35[ fundamental rights] Article 36-51 [ Directive principles of state policy], Preamble and the fundamental duties.
• The basis of modern-day understanding as mention by Ambedkar happen to debates and discussion
• In the spirit of constitutional, spirit, morality, and strengthening democratic ideas, constitutional morality comes useful.

Writer’s Analysis:

The key element of constitutional morality is liberty. To endorse constitutional morality, constitutional methods must be used for achieving social and economic objectives.

Constitutional Morality is a sentiment to cultivate in the minds of a responsible citizen. Upholding constitutional morality is not just the duty of the Judiciary or state but also of individuals.

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Reference

[i]ShayaraBano v. Union of India, (2017) 9 SCC 1

[ii] Minu Elizabeth Scaria, Constitutional Morality And Judicial Values, LEGAL SERVICES INDIA. January 4^th 2021.http://www.legalserviceindia.com/article/l186-Constitutional-Morality-And-Judicial-Values.html

[iii]Kesavananda Bharati v. State of Kerala AIR 1973 SC 1461

[iv]Naz Foundation v. Govt. of NCT of Delhi160 Delhi Law Times 277

[v]Government of NCT of Delhi versus Union of India & Another [C. A. No. 2357 of 2017]

[vi]MD Zeeshan Ahmad, The challenge of Constitutional Morality before the Supreme Court, THE LEAFLET. January 4^th 2021