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Constitutional morality- Need to uphold it

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Introduction:

According to Dr. Ambedkar, constitutional morality would mean effective coordination between the conflicting interests of various individuals and therefore the body’s cooperation to resolve them amicably with no confrontation among the varied teams operating for the belief of their ends at any value. Constitutional morality has been thought to be a dominant reverence for the constitution.

Constitutional morality provides for the unfolding of the work of governance. It specifies norms for the institutions to survive and expectations of behavior that will meet not just the text but the soul of the constitution. It also makes the governing institutions and representatives accountable. Constitutional morality is scarcely a new concept, it is written largely in the constitution itself like in the section on fundamental rights(Article 12 to 35), the Directive principle of state policy(Article 36 to 51) preamble, and fundamental duties.

Element of constitutional morality:

  1. Rule of Law.
  2. Individual Liberty.
  3. Right to Equality.
  4. Freedom of Choice.
  5. Preamble.
  6. Freedom of expression.
  7. Social Justice.
  8. Procedure Established by law.
  9. Due process of law.

Supreme court judgment and constitutional morality:

Constitutional morality is not restricted solely to following the constitutional provisions virtually however is predicated on values like individual autonomy and liberty, equality without discrimination, recognition of identity with dignity the correct of privacy. Constitutional morality suggests the adherence to the core principles of constitutional democracy.

In the supreme court Sabarimala verdict religious freedom, gender equality, and the right of women to worship guaranteed under Article 14,21 and 25 of the constitution was reinstated which struck down the practice of banning entry of women of a certain age to the Sabarimala temple in Kerala as unconditional. Constitutional morality here went against the social morality that discriminates against girls based on biological reasons like menstruation.

Judgment of the supreme court defining constitutional morality:

 1) In the Naz Foundation case, the supreme court opined that only constitutional morality and not public morality should prevail.

 2) In the Kesavananda Bharati Case the supreme court restricted the power of the parliament to violate the basic structure of the constitution.

 3) In the Lt Governor of Delhi Case, the supreme court proclaimed constitutional morality as governing ideas that highlight the need to preserve the trust of people in the institution of democracy.

 4) In Sabarimala Case, the supreme court bypassed the doctrine of essentiality to uphold constitutional morality.

Significance: 

Constitutional morality ensures that the institution of rule of law within the land whereas desegregation the dynamic aspirations and ideals of the society. Constitutional morality as a governing ideal that highlights the necessity to preserve the trust of the individual in the establishment of democracy in and of perfect it permits individuals to collaborate and coordinate to pursue constitutional aspirations that cannot be achieved single-handed

Constitutional morality will use laws and forms to impact and alter the uninterrupted social morality, for instance by abolishing the practice of sati by legislation the right to dignity and life was passed on to the widows which later on affected the perception of the practice in the society. constitutional morality recognizes plurality and variety in society and tries to form people and communities within the society a lot inclusive in their functioning by perpetually providing the scope for improvement and reforms.

In Navtej Singh Johar vs union of India. The Supreme Court provided a framework to reaffirm the rights of LGBTQ and all gender non-conforming people to their dignity, life, liberty, and identity.

Concerns:

The term has not been clearly outlined by the SC which leaves the scope of its subjective interpretation by the individual judges. This top-down approach to morality will have an effect on the chance of the organic emergence of solutions to the uninterrupted moral issues in society.

Violate the principle of separation of powers it establishes judicial supremacy over parliamentary supremacy against the very principle of democratic government. It claimed that the application of this doctrine amounts to judicial overreach thereby pitting constitutional morality against societal morality.

Need to uphold constitutional morality:

The central components of constitutional morality are freedom and self-restraint it was a precondition for maintaining freedom under a proper constitutional government. To uphold constitutional morality constitutional strategies should be used for achieving social and economic objectives and awareness creation among the common public regarding their rights which are protected by the constitution.

Conclusion:

Constitutional morality is a sentiment to be cultivated in the minds of a responsible citizens. Upholding constitutional morality in the minds of a responsible citizens. Upholding constitutional morality is not just the duty of the judiciary but also of individuals. The preamble of the constitution explicitly mentions the type of society we wish to establish. It’s only through constitutional morality it can become reality. The progressive and monumental precedents are set up by the judiciary within the past few years whereas this philosophy has been applied particularly in regard to the cases of gender justice, institutional propriety, social uplift, checking totalitarianism, and either such evils.

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