CONSTITUTIONAL MORALITY
- Constitutional morality involves upholding constitutional principles within a democratic framework.
- It extends beyond literal interpretations to include a dedication to values like sovereignty, social justice, and equality during constitutional interpretation.
- The term was initially coined by British historian George Grote in his extensive work, A History of Greece.
- Grote examined the reforms of the Athenian Constitution by Cleisthenes, a pivotal figure in the establishment of Athenian democracy.
- Grote underscored the necessity of a constitution that could cultivate civic responsibility among citizens and prevent the abuse of power by oligarchs and despots through coercion.
- Fundamentally, constitutional morality represents a balance between liberty and restraint. It signifies citizens' adherence to constitutional authorities while retaining the freedom to criticize those in positions of authority
- On November 4, 1948, during his address to the Constituent Assembly on ‘The Draft Constitution’, Dr. BR Ambedkar introduced the term constitutional morality. He advocated for integrating administrative structures into the constitution and cited the classicist Grote in his remarks.
- Ambedkar was actually more acquainted with a different interpretation of the term from its origins in the 19th century.
- This interpretation defines constitutional morality as the norms and procedures that guide decision-making in situations where the Constitution is silent or allows discretionary powers.
- However, contemporary usage of constitutional morality commonly refers to the principles embodied within a constitution itself.
- According to this perspective, adherence to constitutional morality means adhering to the substantial moral principles inherent in a constitution. For instance, the principle of non-discrimination is often considered a fundamental aspect of modern constitutional morality
Although the term constitutional morality is not explicitly mentioned in the Indian Constitution, its principles are deeply ingrained in various provisions:
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The Preamble articulates the foundational values of our democracy, such as justice, liberty, equality, and fraternity.
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Fundamental Rights protect individuals from arbitrary state actions, with the Supreme Court empowered to enforce these rights under Article 32.
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Directive Principles offer directives to the state for achieving the constitutional goals, drawing from Gandhian, socialist, and liberal philosophies.
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Fundamental Duties outline citizens' responsibilities alongside their rights.
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Checks and balances, including judicial review and legislative oversight, ensure accountability in governance.
It is noteworthy that the discretionary powers of the state and the principle of non-discrimination are closely linked to the concept of constitutional morality
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Supreme Court Judgements
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Neglecting constitutional morality can profoundly impact democratic processes. Recent discussions have raised several pertinent questions:
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To what extent can individuals be educated to uphold the moral principles outlined in the Constitution and fulfill their duties ethically?
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Are ruling governments, as accused by opposition parties, using police or investigative agencies to exert pressure?
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How does unchecked power influence constitutional morality within a parliamentary democracy?
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In specific cases, such as the entry of menstruating women into the Sabarimala temple, what strategies should be employed to ensure fairness and non-discrimination?
Addressing these fundamental questions is essential for comprehending constitutional morality across different contexts and periods
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For Prelims: Constitutional Morality, Preamble, Fundamental Rights, Fundamental Duties For Mains: Elements of constitutional morality in the Indian constitution |
