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Constitutional Morality

 

Constitutional Morality


Introduction:
Constitutional morality is the adherence to constitutional values beyond legal compliance. It ensures justice, equality, liberty, and accountability in governance. The concept became prominent with Dr. B.R. Ambedkar’s emphasis on its importance in Indian democracy.

Key Features:

  1. Supremacy of Constitutional Law: Governance is bound by constitutional principles.
  2. Freedom with Restraint: Balances individual rights with institutional respect.
  3. Checks & Balances: Ensures judicial and parliamentary oversight.
  4. Pluralism & Inclusivity: Protects diversity, secularism, and individual dignity.
  5. Critique Within Framework: Allows questioning laws with constitutional respect.

Constitutional Morality in Indian Constitution:

  1. Preamble: Establishes core democratic values—justice, equality, and liberty.
  2. Fundamental Rights: Guarantees rights like equality (Article 14) and freedom (Article 21).
  3. DPSP: Promotes social and economic justice.
  4. Judicial Interpretation: Landmark cases like Navtej Johar (2018) and K.S. Puttaswamy (2018) highlight its importance.

Significance:

  • Rule of Law: Ensures constitutional supremacy over arbitrariness.
  • Democratic Stability: Prevents majority dominance and protects minority rights.
  • Ethical Governance: Guides state actions based on fairness.
  • Judicial Accountability: Empowers courts to strike down unconstitutional laws.

Challenges:

  • Political Manipulation: Misuse of agencies erodes trust.
  • Public Morality vs. Constitutional Morality: Sabarimala case is a key example.
  • Executive Overreach: Threatens judicial independence.
  • Lack of Awareness: Limited constitutional literacy hinders governance.

Way Forward:

  1. Strengthen Judicial Oversight: Courts must uphold constitutional values.
  2. Civic Education: Promote constitutional literacy in schools.
  3. Ethical Governance: Train officials in constitutional ethics.
  4. Institutional Reforms: Empower independent institutions.
  5. Inclusive Legislation: Ensure laws align with constitutional values.

Conclusion:

Constitutional morality is essential for a robust democracy, ensuring justice, equality, and accountability. Judicial activism, public awareness, and ethical governance will further solidify constitutional morality in India’s democratic framework.

MCQs for UPSC CSE:

  1. Which of the following cases is associated with the right to privacy in India?
    A) Navtej Singh Johar v. Union of India
    B) K.S. Puttaswamy v. Union of India
    C) Krishnamoorthy v. Union of India
    D) Kesavananda Bharati v. State of Kerala
    Answer: B

  2. Constitutional morality refers to adherence to:
    A) Majoritarian views
    B) Cultural beliefs
    C) Constitutional values and principles
    D) Popular public opinion
    Answer: C

  3. Which of the following constitutional provisions establishes justice, liberty, and equality?
    A) Fundamental Rights
    B) Directive Principles of State Policy
    C) Preamble
    D) Fundamental Duties
    Answer: C

  4. The case of Navtej Singh Johar v. Union of India is significant for:
    A) Right to education
    B) Gender equality
    C) Decriminalization of Section 377
    D) Secularism
    Answer: C

  5. What does the concept of constitutional morality ensure in governance?
    A) Concentration of power
    B) Adherence to cultural traditions
    C) Ethical, just, and fair governance
    D) Judicial activism only
    Answer: C

Mains Question:

Q: "Constitutional morality is rooted in the Constitution and forms its democratic foundation." Discuss its significance with examples of judicial decisions.
(UPSC GS Paper 2)

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