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“ANALYSIS AND SIGNIFICANCE OF CONSTITUTIONAL MORALITY IN INDIA”
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“ANALYSIS AND
SIGNIFICANCE OF CONSTITUTIONAL MORALITY IN INDIA”
AUTHORED BY - P MAHIMA
SCHOOL OF LAW
CHRIST (DEEMED TO BE
UNIVERSITY)
ABSTRACT
What the terms ``morality" or
"constitutional morality" signify in the Indian Constitution will be
the issue that will be examined in the following research paper. Judges'
interpretation of the Indian Constitution has recently added a much greater
emphasis than previously on the concept of "constitutional morality."
The Supreme Court has applied various facets of this so-called revolutionary
and transformative theory in several instances, some of which are regarded as
some of the greatest and most significant rulings ever made. Since Dr.
Ambedkar's time, the Indian Constitution has included the idea of
"constitutional morality," but it was largely dormant until 1950
until lately. In the Keshavananda Bharti and S P Gupta cases, the Supreme Court
made two brief references to constitutional morality. It is notable and clear
from other instances where this approach has been used that it is advancing and
transformative. One aspect emerges evident after analyzing the rulings that
came before the above-mentioned judgment. In the judgment of Justice K S
Puttaswamy (Retd.) v. Union of India & Ors., where the "Right to
Privacy'' was elevated to the status of a basic right, Justice Chalemeshwar
wrote persuasively about constitutional morality, calling it the profound stillness
of the constitutional language. In the face of extreme injustice and inequality
in India as well as a hostile political situation, Shri Ambedkar used
"constitutional morality" to guarantee that the Constitution's goals
were fully implemented. Shri Ambedkar underlined that the solution to this
tragic predicament did not rest solely with the constitution or the government
in charge of the country after a thorough diagnosis. As a corollary,
Constitutional Morality is categorized as a second fundamental structural idea.
Like the meanings of the other fundamental principles, which essentially depend
on the understanding of judges when rendering judgements in different
situations, it is naturally a little fuzzy. Nevertheless, it is required by the
nation's judicial system, which also calls on judges to "fill in the empty
vessels of these theories" with expressions of legal knowledge and
expertise gleaned from years of experience. This paper also discusses the
challenges related to constitutional morality in India, Supreme Court’s stance
on constitutional morality, Comparison of constitutional morality in India and
UK and talks about the Sabarimala Judgement related to constitutional morality.
Keywords: Morality, Indian Constitution, Constitutional
Morality, Right to Privacy, Dr. Ambedkar, Supreme Court, Sabarimala judgement
INTRODUCTION
The Indian Constitution, established in 1950, is one of the world's
longest and most thorough constitutions, and it creates the foundation for the
functioning of the Indian state. It establishes fundamental rights and
liberties such as equality, free speech and expression, and life and personal
freedom. Constitutional morality is inextricably tied to the concept of
constitutional democracy. The constitution is the ultimate law of the nation
under a constitutional democracy, and all citizens, including the government
and its officials, are bound by its provisions.
Given the historical legacy of socioeconomic injustice and prejudice,
sustaining constitutional morality in India has been enormous. However,
significant efforts have been made in India to promote constitutional morality,
including social reform movements, legal advocacy, and public awareness
campaigns.
By interpreting the Constitution and defending citizens' fundamental
rights, the Indian court has also played an essential role in upholding
constitutional morality. The court has had a vital role in shaping significant
social and political problems such as affirmative action, minority rights, and
privacy rights.
Constitutional morality is critical for building a just and equitable
society in India, where everyone can live with dignity and respect. To
guarantee that the principles and values embodied in the Constitution are
respected and implemented in practice, all parties must make a consistent
effort, including the government, civil society, and the judiciary.
ELEMENTS OF
CONSTITUTIONAL MORALITY
The concept of constitutional morality in India is based on the
principles and values enshrined in the Constitution. Some key elements of
constitutional morality in India include:
Respect for the Constitution: The Constitution is the ultimate law of
the nation, and adhering to its provisions is critical to preserving
constitutional morality in India. This involves respect for citizens'
fundamental rights, democratic values, and the rule of law.
Equality Commitment: The Indian Constitution guarantees equality before
the law and outlaws discrimination based on caste, religion, gender, and other factors.
Maintaining this commitment to equality is critical for sustaining India's
constitutional morality.
Fundamental Rights Protection: Fundamental rights are an essential
component of the Indian Constitution, and safeguarding these rights is critical
for maintaining constitutional morality in India. These rights include the
freedom of expression and speech, the right to life and personal liberty, and
the right to equality before the law.
The Indian Constitution is devoted to social justice, including
abolishing social and economic inequities. Maintaining this commitment to
social justice is integral to Indian constitutional morality.
Independent Judiciary: An independent judiciary is required to safeguard
constitutional integrity in India. The court is charged with interpreting and
upholding the Constitution and defending citizens' fundamental rights.
Civic duty: Civic duty is essential to Indian constitutional morality.
This involves respecting others' rights, engaging in constructive discourse,
and striving for the greater good.
Overall, constitutional morality in India is founded on democracy,
equality, and social justice, necessitating dedication to implementing these
concepts.
AMBEDKAR’S
STANCE ON CONSTITUTIONAL MORALITY
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution,
well understood the notion of constitutional morality and its importance in
India. He thought constitutional morality was the key to ensuring that the
Indian Constitution was more than just a legal instrument but also a living
document representing the Indian people's aspirations and beliefs.
Dr. Ambedkar defined constitutional morality as a collection of ideas
and principles that went beyond simple legal compliance and included a
dedication to democratic, egalitarian, and social justice goals. He felt that
constitutional morality was necessary for establishing a just and equitable
society where all people, regardless of social, economic, or cultural
background, may live with dignity and respect.
Dr. Ambedkar emphasized the necessity of constitutional morality in
India in a speech to the Constituent Assembly of India on November 4, 1948,
adding that "constitutional morality is not a natural sentiment." It
must be nurtured. We must acknowledge that our people have yet to learn. Democracy
in India is only a garnish on an otherwise undemocratic Indian soil."
Given the historical legacy of caste-based discrimination and socioeconomic
injustice, Dr. Ambedkar recognized the significance of constitutional morality
concerns in India. He felt, however, that these obstacles might be overcome by
education, social reform, and the unwavering pursuit of constitutional values.
Overall, Dr. Ambedkar's concept of constitutional morality remains
immensely relevant in modern India, where the battle to realize the
Constitution's full potential is ongoing. His observations and opinions on this
topic have inspired generations of Indians to fight towards a more just and
equitable society in which constitutional principles are more than simply words
on paper but a way of life.
CHALLENGES
There are several concerns related to constitutional morality in India.
Some key considerations include the following:
The emergence of majoritarianism: There is rising worry over the rise of
majoritarianism in India, where the majority's domination threatens the
minority's rights and liberties. Concerns have been raised regarding the
erosion of constitutional morality and the necessity to guarantee that the
Constitution safeguards the rights of all people, regardless of religion, caste,
or race.
Threats to the judiciary's independence: In India, judicial independence
is vital to constitutional morality. However, there are fears that the court is
under increasing political pressure, which may jeopardize its capacity to
maintain constitutional norms and protect citizens' rights.
There needs to be more accountability in India for transgressions of
constitutional ideals and principles. This covers police violence, corruption,
and violations of minorities' and marginalized communities' rights. This
absence of accountability undermines the rule of law and the underpinnings of
Indian constitutional morality.
Economic inequality's impact: The growing disparity between the affluent
and poor in India is a source of worry for constitutional morality. The
financial gap can undermine the Constitution's inherent social fairness and
equal opportunity objectives. This can result in vast portions of society being
excluded from the advantages of economic growth and progress, leading to even
more social and economic inequality.
The influence of digital technologies: As digital technologies increase
in India, they pose new challenges to constitutional morality. The
proliferation of fake news and misinformation and the increasing use of
surveillance technology endanger the right to Privacy and free speech. It is
critical to guarantee that the benefits of digital technology are used in a way
consistent with constitutional morality norms.
These concerns underline the necessity for further efforts in India to
enhance constitutional morality. To safeguard and uphold the principles and
values entrenched in the Constitution, all parties must work together,
including the government, civil society, and the court.
SUPREME COURT
OF INDIA ON CONSTITUTIONAL MORALITY
The Supreme Court has been at the forefront of defining and protecting
constitutional morality in India. Adherence to the ideas and values embodied in
the Constitution, such as safeguarding fundamental rights and the rule of law,
is called constitutional morality. The Supreme Court has recognized the
importance of constitutional morality in sustaining the country's democratic
and secular fabric and has issued numerous historic decisions emphasizing its
relevance.
The Supreme Court ruled in Kesavananda Bharati v. State of Kerala (1973)[1] that the core structure of
the Constitution is sacred and cannot be changed even by a constitutional
amendment. This case was crucial in demonstrating the Constitution's supremacy
and the significance of safeguarding its essential ideals and principles. The
Court declared that the Constitution is a living organism that changes through
time and that Parliament's ability to alter the Constitution is subject to the
norm of constitutional morality.
The Supreme Court overturned Section 377 of the Indian Penal Code, which
criminalized homosexuality, in Navtej Singh Johar v. Union of India (2018)[2]. The Court ruled that the
provision breached people's fundamental rights and contradicted constitutional
morality principles, which compelled the state to respect the dignity and
autonomy of all individuals. The Court ruled that constitutional morality
necessitates balancing individual rights protection and social welfare
promotion and that the state cannot force its moral ideas on people.
The Supreme Court recognized the right to privacy as a fundamental right
under the Constitution in the Puttaswamy decision (2017)[3].
The Court determined that privacy is an essential component of human liberty
and is vital to an individual's dignity and autonomy. The Court emphasized that
constitutional morality demands that individual rights be protected from state
intervention and that the government respect individuals' privacy.
Finally, the Supreme Court of India has played an essential role in
establishing and defending constitutional morality in India. The Court has
recognized the importance of safeguarding the Constitution's principles and
values, such as protecting fundamental rights, the rule of law, and developing
social welfare. The Court has emphasized the need for accountability and
openness in government, and it has played an essential role in safeguarding the
judiciary's independence. The Supreme Court's decisions on constitutional
morality have helped to reinforce India's democratic and secular fabric, as
well as to protect the ideals of justice, equality, and fraternity.
COMPARISON BETWEEN CONSTITUTIONAL MORALITY IN INDIA
AND UK
Constitutional morality in India focuses on preserving and honouring the
ideals and principles outlined in the Constitution. It incorporates the belief
that any law or action must be in accordance with constitutional tenets and
that each citizen and public servant should put the Constitution before their
own personal or political motives. By its rulings, the Supreme Court of India
has emphasised the significance of constitutional morality in upholding the
Constitution's credibility, defending human rights, and upholding the rule of
law. In discussions on topics like the right to privacy, freedom of speech and
expression, and the right to equality, constitutional morality occurs as an
important factor to take any decisions regarding these rights.
Comparatively to India, the UK's definition of constitutional morality
is rather unclear. Rather, the nation's unwritten constitution has evolved over
the years to include constitutional ideas and norms. Many people believe that
the UK constitution is a synthesis of statutory law, legal precedent, and
constitutional traditions. The British legal framework prioritizes the idea of
the rule of law and the premise of parliamentary authority, even though there
is no express mention of constitutional morality. The connection that exists
between the rule of law and the political climate in the UK, especially
considering Brexit and the issue regarding the prorogation of Parliament, has
come under increased scrutiny in the past few years.
In India, the concept of constitutional morality is still developing as
a whole, in contrast to the UK, which has an extended record of developing its
constitutional norms and values. The dedication of both nations to supporting
the rule of law and making sure that their individual Constitutions are upheld
and preserved, nonetheless, unites them. Although in the UK, disputes over
constitutional concepts frequently centre around enduring norms and customs, in
India, the Constitution's clear acknowledgment of constitutional morality has
given rise to further in-depth debates and conversations over its significance
and consequences. Despite their disparities, India, and the UK both have
continual difficulties preserving the integrity of their respective
constitutions and defending the guiding values that underpin them.
SABARIMALA
CASE ON CONSTITUTIONAL MORALITY
The Sabarimala case is a landmark decision emphasizing constitutional
morality's significance in India. The issue concerns prohibiting women of
menstrual age from entering the Sabarimala temple, a prominent Hindu site in
Kerala. The temple leaders stated that the prohibition was necessary to
maintain the temple's cleanliness and purity and that it was founded on age-old
tradition and custom. However, the ban was challenged by a group of female
activists who claimed that it infringed on women's fundamental rights and
breached the Constitution's values of equality and non-discrimination.
The Supreme Court of India ruled in the Sabarimala case (Indian Young
Lawyers Association v. State of Kerala, 2018)[4]
that the ban on women of menstruating age entering the Sabarimala temple was
unconstitutional and violated the Constitution's principles of equality and
non-discrimination. The Court ruled that excluding women from visiting the
temple constituted sex discrimination that maintained patriarchal assumptions
and gender prejudices. According to the Court, constitutional morality entails
abolishing discrimination and promoting equality and social justice.
Sabarimala is noteworthy for several reasons. For starters, it
emphasized the significance of the constitutional character in India and its
role in defending citizens' fundamental rights. The Court ruled that
constitutional morality necessitates preserving individual rights against the
tyranny of tradition and custom and that tradition and custom must give way to
the Constitution's inherent values of justice, equality, and fraternity. The
Court emphasized that constitutional morality necessitates a balance of
tradition and modernity, and that the Constitution is not a static text that
changes in response to changing times and circumstances.
Second, the Sabarimala case demonstrated the significance of gender
equality and women's rights in India. The Court ruled that excluding women from
entering the temple constituted discrimination that maintained gender
stereotypes and prejudices. The Court emphasized that the Constitution provides
equality and non-discrimination to all citizens, regardless of gender, and that
gender justice is a fundamental component of constitutional morality.
Finally, the Sabarimala case highlights India's judiciary's
responsibility to protect constitutional morality. Specific segments of
society, notably temple officials and conservative organizations, publicly
contested and criticized the Court's decision in the case. However, the Court
remained steadfast in preserving constitutional principles and defending
individuals' fundamental rights. The Sabarimala decision highlighted the
judiciary's independence, impartiality, and dedication to justice and
constitutional morality.
The Sabarimala case represents a significant step in India's march
toward constitutional morality and gender justice. The case emphasized
respecting the Constitution's ideals of justice, equality, and fraternity and
the judiciary's duty to defend people's fundamental rights. The lawsuit also
highlighted the need to balance tradition and modernity, eradicate prejudice,
and foster social justice in India.
CONCLUSION
The core of the Constitution is that it was enacted with the people's
will to rule them in mind. But this is not a goal, it is only a means to an
end, which is Justice in its most entire meaning. A study of the Constitution
needs to be more comprehensive to grasp the significance of Constitutional
Morality. There is a need to comprehend the fundamental core of
Constitutionalism as it pertains to granting legitimacy to a democratic
government. This is far more crucial than a written Constitution. It
establishes the notion of judicial control, which has helped India develop
landmark precedents involving gender equality and other issues. To summarize
all the facts above, Constitutional Morality is an attitude that responsible
citizens must cultivate in their thinking since sustaining the spirit of
constitutional morality is also the obligation of individuals.
Article Information
“ANALYSIS AND SIGNIFICANCE OF CONSTITUTIONAL MORALITY IN INDIA”
Authors: P MAHIMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/27
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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