GS Paper II
News Excerpt:
The Chief Justice of India elaborated on the notion of ‘Constitutional Morality’ as a restraining factor on the state that should derive from the Preamble of the Constitution.
CJI remarks on Constitutional Morality :
- He distinguished "constitutional morality" from general morality.
- While morality often imposes restraints on the rights of citizens, constitutional morality serves as a restraint on the state.
- He stressed that Constitutional morality is an overarching principle which is derived from, but is not confined to, specific rights or values which are enshrined in the Constitution
- He highlighted the role of Constitutional Morality in promoting Diversity, Inclusion, and Tolerance.
- He stressed that constitutional morality is crucial for all levels of the judiciary, from higher courts to district courts, where common citizens first engage with the legal system.
- Judges must ensure their personal ideologies do not override constitutional morality, maintaining their role as servants, not masters, of the Constitution.
- He also highlighted the language barrier faced by common citizens and discussed the Supreme Court's initiative to translate 37,000 judgments into all recognized languages of the Constitution, including Bengali.
What is constitutional Morality ?
- Adherence to the fundamental tenets of constitutional democracy is known as constitutional morality.
- Constitutional morality refers to the ability to successfully balance the competing interests of various parties with administrative cooperation in order to resolve disputes amicably between the various interest groups.
- It is a belief that ought to be ingrained in the hearts of law-abiding citizens and upheld by a fair judiciary that upholds moral standards.
- Constitutional morality has long been considered the highest form of respect for the constitution.
- Constitutional morality offers a moral framework for understanding how to carry out governmental functions.
- It outlines expectations for behaviour that will adhere to the Constitution's spirit and the necessary standards for institutions to survive. Additionally, it holds representatives and the governing bodies responsible.
How is constitutional morality upheld?
- By expressing outrage and criticism of the unconstitutional practices. Any actions you believe to be against the law or unethical should be condemned, and you should speak out against them. You can protect constitutional values by defying convention and standing up for what is right.
- It is insufficient to uphold constitutional values solely through our beliefs and deeds. Our moral obligation is to educate the public about the value of upholding these ideals. Our democracy will eventually benefit from this. Ex: implementing educational initiatives that teach kids to internalise and uphold constitutional values daily.
- Constitutional morality is upheld when the Court interprets the Constitution using constitutional rather than popular morality.
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- Identifying the scope and content of constitutional morality will prevent it from being recklessly and improperly applied in courts.
- By pledging allegiance to principles such as the parliamentary form of government, self-control, intolerance for corruption, and constitutional supremacy, among others.
- By utilising it as a tool for making decisions in circumstances where the constitutional meaning of the words in the constitutional clause can be ambiguous because it can offer a variety of cues.
- By acting under and within the framework of the Constitution, upholding the rule of law, and exhibiting the utmost respect for its forms.
Provisions of the Constitution upholding constitutional morality :
- Article 14: Ensuring equality before the law.
- Article 19: Guaranteeing freedom of speech and expression, with reasonable restrictions.
- Article 21: Protecting life and personal liberty.
- Article 25: Ensuring freedom of religion.
The Supreme Court has upheld constitutional morality over public morality in landmark cases:
- Navtej Singh Johar v. Union of India (2018): Decriminalizing consensual homosexual acts, emphasizing individual dignity and equality.
- Indian Young Lawyers Association v. State of Kerala (2018): Allowing women of all ages to enter the Sabarimala temple, reinforcing gender equality and religious freedom.
- Joseph Shine v. Union of India (2018): Decriminalising adultery, emphasising individual autonomy and equality.
Significance
- Constitutional morality upholds the rule of law while incorporating society's shifting aspirations and ideals.
- The importance of maintaining the public's faith in democratic institutions is highlighted by constitutional morality as a guiding principle. This makes it possible for individuals to work together and coordinate to pursue constitutional goals that cannot be achieved alone.
- Laws and other legal structures are tools that constitutional morality can use to influence and transform ingrained social morality. For instance, when the practice of Sati was outlawed through legislation, widows received the right to dignity and life, changing how society viewed the practice.
- Constitutional morality acknowledges the plurality and diversity in society. It makes people and communities more inclusive in how they function by continuously offering room for improvement and reforms. For instance, the Supreme Court of India provided a framework in Navtej Singh Johar v. Union of India to reaffirm the rights of LGBTQ and all gender non-conforming people to their dignity, life, liberty, and identity.
Concerns
- The SC has yet to define the term precisely, leaving it open to the judges' subjective interpretations.
- This top-down approach to morality may hamper the possibility of organically emerging solutions to society's enduring ethical issues.
- It establishes judicial supremacy over parliamentary supremacy, violating the separation of powers principle. It goes against the fundamental tenets of democratic government.
- This doctrine pits "constitutional morality" against "societal/popular morality" and many a times is labelled as judicial overreach.
Need to Uphold Constitutional Morality
- Freedom and self-control are the two main tenets of constitutional morality. The preservation of freedom under an appropriate constitutional government required self-control.
- In order to uphold constitutional morality, social and economic goals must be achieved using constitutional means.
- Dedication to the Constitution's goals and ideals.
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- Creation of public awareness about the rights that the Constitution guarantees.
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- Exercising fundamental rights while adhering to fundamental duties.
Conclusion:
The effectiveness of constitutional laws depends on constitutional morality. A constitution's operation tends to become arbitrary, unpredictable, and capricious without constitutional morality.
