Constitutional Morality | 09 Apr 2024

Source: IE

Why in News?

The recent arrest of a serving chief minister on corruption charges raises legal, political, and constitutional concerns and poses questions about its consistency with constitutional morality, especially in a parliamentary democracy like India.

What is Constitutional Morality?

• About:
  • Constitutional morality (CM) is a concept that refers to the principles and values underlying a constitution that guide the actions of both the government and the citizenry.
    • The concept of constitutional morality was propounded by the British Classicist George Grote in the 19^th century.
      • He described CM as a “paramount reverence for the forms of the Constitution” of the land.
    • In India, the term was first used by Dr. B.R. Ambedkar.
• Pillars of Constitutional Morality:
  • Constitutional Values: Upholding the core values enshrined in the Constitution, such as justice, liberty, equality, fraternity, secularism, and the dignity of the individual.
  • Rule of Law: Upholding the supremacy of the law where everyone, including government officials, is subject to and accountable under the law.
  • Democratic Principles: Ensuring the functioning of a representative democracy where citizens have the right to participate in decision-making processes and hold their elected representatives accountable.
  • Fundamental Rights: Respecting and protecting the fundamental rights guaranteed by the constitution, such as the right to equality, freedom of speech and expression, right to life and personal liberty, etc.
  • Separation of Powers: Maintaining the separation and balance of powers between the legislative, executive, and judicial branches of government to prevent any one branch from becoming too powerful.
  • Checks and Balances: Establishing mechanisms and institutions that provide checks and balances to prevent abuse of power and protect the rights of individuals.
  • Constitutional Interpretation: Interpreting the constitution in a manner that promotes its underlying principles and values while adapting to changing societal needs and circumstances.
  • Ethical Governance: Ensuring ethical conduct in governance, transparency, accountability, and integrity in public service.
• Conditional Morality and Indian Constitution:
  • The term "constitutional morality" is not explicitly mentioned in the Indian Constitution.
    • However, the concept is inherent in the document's core principles, emphasising values like justice, equality, and liberty.
    • These principles are found throughout the constitution, including the Preamble, Fundamental Rights, and Directive Principles of State Policy.
  • Its essence is also reflected in various Supreme Court judgements.
• Judgments Upholding Constitutional Morality:
  • Kesavananda Bharati v. State of Kerala, 1973: This case established the "basic structure doctrine," which essentially limits Parliament's power to amend the Constitution and ensures its core principles remain intact.
    • This can be seen as an early instance of the court upholding the spirit of the Constitution.
  • SP Gupta Case (First Judges Case), 1982: The Supreme Court labelled a constitutional breach as a severe violation of constitutional morality.
  • Naz Foundation v. Government of NCT of Delhi, 2009: This judgment decriminalised consensual same-sex relationships between adults.
    • The court emphasised that "constitutional morality" should prevail over societal perceptions of morality, upholding individual rights.
  • Manoj Narula v. Union of India, 2014: SC stated that "Constitutional Morality means to bow down to the norms of the Constitution and not act in a manner which would become violative of the rule of law of action in an arbitrary manner.
  • Indian Young Lawyers Association v. State of Kerala (Sabarimala Case), 2018: The court struck down the practice of excluding women of a certain age group from the Sabarimala temple.
    • It emphasised that "constitutional morality" includes principles of justice, equality, liberty, and fraternity, which outweighed religious customs restricting women's entry.
  • Navtej Singh Johar v. Union of India, 2018: This case read down Section 377 of the Indian Penal Code, which criminalised homosexuality.
• Challenges to Constitutional Morality in India:
  • Political Interference: One of the significant challenges is political interference in the functioning of constitutional bodies and institutions.
    • This interference can undermine the autonomy and impartiality of these institutions, affecting their ability to uphold constitutional values.
    • For example, there has been criticism surrounding the recent changes to the appointment committee for the Election Commission of India and the amended IT Rules 2023.
  • Judicial Activism vs. Judicial Restraint: Balancing judicial activism with judicial restraint is another challenge.
    • While judicial activism can promote the protection of rights and enforcement of constitutional values, excessive activism can encroach upon the domain of the executive and legislature.
  • Enforcement and Compliance: Despite having a robust constitutional framework, ensuring effective enforcement and compliance remains a challenge.
    • Implementation gaps, delays in justice delivery, and lack of awareness about constitutional rights among the general populace contribute to this challenge.

Way Forward

• Strengthening Institutions: Upholding constitutional morality necessitates strengthening the independence, integrity, and effectiveness of institutions such as the Election Commission, National Investigation Agency (NIA) and Central Bureau of Investigation (CBI).
  • Ensuring transparent appointments, reducing political interference, and enhancing accountability mechanisms are critical steps.
• Promoting Civic Education: Increasing awareness and understanding of constitutional rights and values among the public, especially youth, is vital.
  • Civic education programs in schools and colleges can instil a sense of constitutional responsibility and empower citizens to participate meaningfully in democratic processes.
• Enhancing Access to Justice: Improving access to justice, particularly for marginalised and vulnerable communities, is essential for upholding constitutional principles.
  • This includes expanding legal aid services, reducing judicial backlog, simplifying legal procedures, and promoting alternative dispute resolution mechanisms.
• Encouraging Ethical Leadership: Promoting ethical leadership and governance practices at all levels is vital for upholding constitutional values.
  • Leaders and public officials should demonstrate integrity, accountability, and a commitment to serving the public interest, thereby setting a positive example for society.
• Adapting to Evolving Challenges: Continuously adapting legal and institutional frameworks to address emerging challenges to constitutional morality, such as technological advancements, globalisation, and environmental concerns, is necessary for relevance and effectiveness.