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Constitutional Morality: The Pillar of a Just Democracy

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Constitutional morality has been a key aspect of governance in India, ensuring that laws and policies align with democratic principles rather than societal traditions. Recent events such as the Sabarimala verdict, Triple Talaq ban, decriminalization of Section 377, and the Citizenship Amendment Act (CAA) debate have reignited discussions on the role of constitutional morality in shaping legal and policy decisions. In this context, constitutional morality serves as the guiding principle for governance, ensuring justice, equality, and liberty for all citizens while curbing regressive social norms.

 

Table of Contents:

 

  1. Introduction: Constitutional Morality in Contemporary Context

  2. Understanding Constitutional Morality

  3. Dr. B.R. Ambedkar’s Perspective on Constitutional Morality

  4. Constitutional Provisions Upholding Constitutional Morality

  5. Supreme Court Cases and Landmark Judgments

  6. The Significance of Constitutional Morality

  7. Challenges in Implementing Constitutional Morality

  8. Way Forward: Strengthening Constitutional Morality

  9. Case Studies and Real-Life Applications

  10. Global Perspective on Constitutional Morality

  11. Conclusion: The Path Ahead for a Morally Just India

 

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Understanding Constitutional Morality

 

Definition and Meaning-

Constitutional morality refers to strict adherence to constitutional values and principles, emphasizing the supremacy of the Constitution over individual beliefs, traditions, or religious practices. It requires institutions, laws, and governance mechanisms to function within the democratic framework and uphold the rights and liberties of all citizens.

 

Distinction Between Constitutional and Popular Morality-
  • Constitutional Morality: Ensures adherence to the Constitution, protecting fundamental rights and democratic principles.
  • Popular Morality: Reflects societal customs, religious traditions, and personal beliefs, which may sometimes contradict constitutional values.

For example, while untouchability was widely accepted in pre-independence India, constitutional morality led to its abolition through Article 17.

 

Historical Perspective-

The concept of constitutional morality was first introduced by George Grote, a British historian, who argued that democracy thrives only when people respect the Constitution. In India, Dr. B.R. Ambedkar emphasized the need for constitutional morality to ensure that democracy does not become a mere facade dictated by social and religious dogmas.

 

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Dr. B.R. Ambedkar’s Perspective on Constitutional Morality:

 

Ambedkar’s Vision for India-

Ambedkar strongly advocated for constitutional morality, stating that democracy cannot survive unless citizens respect constitutional principles over social traditions. His vision included:

  • Equality before law, irrespective of caste, gender, or religion.
  • Protection of fundamental rights to prevent arbitrary state power.
  • Social transformation through legal provisions, such as the abolition of untouchability.

 

Constitutional Morality vs. Social Morality-

Social morality is often dictated by regressive customs, such as caste discrimination and gender bias, whereas constitutional morality focuses on justice, liberty, equality, and fraternity. For example:

  • The Triple Talaq verdict upheld gender justice over religious practices.
  • The Sabarimala judgment allowed women's entry into temples, overriding traditional restrictions.

 

Constitutional Provisions Upholding Constitutional Morality

 

Preamble and its Core Values-

The Preamble of the Indian Constitution lays the foundation of constitutional morality, enshrining:

  • Justice (Social, Economic, Political)
  • Liberty (of thought, expression, belief, faith, and worship)
  • Equality (of status and opportunity)
  • Fraternity (assuring dignity and unity)

 

Article 13: Doctrine of Judicial Review-

Ensures that laws inconsistent with fundamental rights are struck down, reinforcing constitutional morality over social practices.

 

Articles 32 and 226: Judicial Review and Protection of Rights-

These provisions empower citizens to directly approach courts to uphold their fundamental rights.

 

Directive Principles of State Policy (DPSP)-

Though non-justiciable, DPSPs guide state policies towards achieving social justice, economic welfare, and gender equality.

 

Role of Fundamental Duties-

Fundamental Duties under Article 51A urge citizens to promote harmony, renounce practices derogatory to women, and uphold constitutional values.

 

Supreme Court Cases and Landmark Judgments:

 

Kesavananda Bharati vs. State of Kerala (1973): Basic Structure Doctrine
  • Introduced the Basic Structure Doctrine, ensuring that the Constitution’s core principles remain intact even if amendments are made.
 
S.R. Bommai vs. Union of India (1994): Secularism and Constitutional Morality
  • Reinforced secularism as an essential feature of constitutional morality, preventing misuse of religion in governance.

 

Naz Foundation vs. Govt. of NCT Delhi (2009): Decriminalization of Section 377
  • Decriminalized homosexuality, upholding individual dignity over societal norms.

 

Navtej Singh Johar vs. Union of India (2018): LGBTQ+ Rights
  • Affirmed the right to dignity, reinforcing constitutional morality over religious morality.

 

Shayara Bano vs. Union of India (2017): Gender Justice and Triple Talaq
  • Declared instant triple talaq unconstitutional, promoting gender equality.

 

Joseph Shine vs. Union of India (2018): Gender Equality and Adultery Law
  • Struck down Section 497, ensuring gender-neutral adultery laws.

 

Indian Young Lawyers Association vs. State of Kerala (2018): Sabarimala Temple Case
  • Allowed women’s entry into the temple, prioritizing constitutional rights over religious customs.

 

Justice K.S. Puttaswamy vs. Union of India (2017): Right to Privacy
  • Declared privacy as a fundamental right, essential for dignity and personal autonomy.

 

The Significance of Constitutional Morality:
  • Protects fundamental rights by preventing regressive laws.
  • Prevents majoritarianism, ensuring justice for minorities.
  • Strengthens democracy by promoting rational policymaking.
  • Encourages progressive judicial interpretations, aligning laws with modern values.

 

Challenges in Implementing Constitutional Morality
  1. Social Resistance – Deep-rooted customs challenge progressive reforms.
  2. Political Interference – Laws are often shaped by vote-bank politics.
  3. Judicial Overreach – Courts sometimes override legislative intent.
  4. Lack of Constitutional Literacy – Citizens remain unaware of their rights.
  5. Religious Conflicts – Balancing faith with constitutional values is a challenge.

 

Way Forward: Strengthening Constitutional Morality

 

Judicial Prudence
  • Courts must balance constitutional ideals with legislative intent.

 

Public Awareness and Education
  • Civic education must focus on constitutional literacy.

 

Legislative and Policy Reforms
  • Laws should be aligned with constitutional values while considering social realities.

 

Institutional Strengthening
  • Independent institutions must uphold constitutional compliance.

 

Media’s Role in Promoting Constitutional Morality
  • The media should educate people about constitutional rights rather than fueling social biases.
 
Case Studies
  1. Sabarimala Case (2018): Gender Justice vs. Religious Tradition
  2. Farm Laws Repeal (2021): Public Morality vs. Constitutional Process
  3. Hijab Controversy (2022): Religious Freedom vs. Constitutional Morality
  4. Citizenship Amendment Act (CAA) Debate: Constitutionalism vs. Political Agendas
  5. Uniform Civil Code (UCC) Discussion: Social Unification vs. Religious Autonomy

 

Global Perspective on Constitutional Morality
  • United States: Judicial activism ensures constitutional supremacy.
  • United Kingdom: Parliamentary sovereignty sometimes challenges constitutional morality.
  • South Africa: The post-apartheid constitution prioritizes human rights.
  • Canada: Charter of Rights and Freedoms enforces constitutional values.
  • France: Laïcité (secularism) ensures religious neutrality in governance.

 

Conclusion: The Path Ahead for a Morally Just India

For India to remain a true democracy, constitutional morality must supersede regressive customs. The judiciary, legislature, and civil society must work together to uphold constitutional values. Strengthening constitutional morality is essential for ensuring a progressive, inclusive, and just society.

 

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