Model Answer
0 min readIntroduction
Constitutional morality, a concept gaining prominence in Indian jurisprudence, transcends merely adhering to the letter of the Constitution. It embodies a commitment to the spirit of the Constitution – its values of justice, liberty, equality, and fraternity. The term gained significant recognition in the landmark *Kesavananda Bharati v. State of Kerala* (1973) case, where the Supreme Court established the ‘basic structure’ doctrine, implying that constitutional amendments cannot alter the core values embedded within the Constitution. Upholding constitutional morality is crucial for preserving the democratic fabric and ensuring a just and equitable society.
Defining Constitutional Morality
Constitutional morality isn’t simply about legal compliance; it’s about a deeper adherence to the underlying principles that animate the Constitution. It requires recognizing the limitations on power, respecting fundamental rights, and fostering a culture of inclusivity and tolerance. It demands that all state actions, and indeed, all actions within society, are guided by constitutional values.
Role of Institutions in Upholding Constitutional Morality
The Judiciary
- Judicial Review: The judiciary, through its power of judicial review (Article 32 & 226), plays a vital role in safeguarding constitutional values by striking down laws or executive actions that violate them.
- Protecting Fundamental Rights: Actively enforcing fundamental rights (Part III of the Constitution) and providing remedies for their violation.
- Promoting Public Interest Litigation (PIL): Encouraging PIL to address systemic issues and ensure accountability.
The Legislature
- Lawmaking: Enacting laws that are consistent with constitutional principles and promote social justice.
- Accountability: Holding the executive accountable through mechanisms like parliamentary debates, questions, and committees.
- Respecting Constitutional Amendments: Ensuring that any constitutional amendments adhere to the basic structure doctrine.
The Executive
- Rule of Law: Governing in accordance with the rule of law and ensuring equal treatment under the law.
- Transparency & Accountability: Promoting transparency in governance and establishing mechanisms for accountability.
- Protecting Minority Rights: Safeguarding the rights of minorities and marginalized communities.
Individual Responsibilities in Upholding Constitutional Morality
Constitutional morality isn’t solely the responsibility of institutions. Citizens also have a crucial role to play:
- Respect for Diversity: Embracing diversity and promoting tolerance towards different viewpoints.
- Civic Engagement: Participating in democratic processes, holding elected representatives accountable, and advocating for constitutional values.
- Awareness of Rights & Duties: Being aware of one’s fundamental rights and fulfilling one’s civic duties.
- Promoting Ethical Conduct: Adhering to ethical principles in all aspects of life and challenging injustice.
Challenges to Upholding Constitutional Morality
- Majoritarianism: The risk of majoritarian impulses overriding the rights of minorities.
- Populist Rhetoric: The use of populist rhetoric that undermines constitutional values.
- Erosion of Institutional Independence: Attempts to weaken the independence of institutions like the judiciary and the media.
- Social Inequalities: Persistent social inequalities that hinder equal access to justice and opportunities.
Addressing these challenges requires a concerted effort from all stakeholders – institutions, individuals, and civil society – to reaffirm their commitment to the constitutional values of justice, liberty, equality, and fraternity.
Conclusion
Upholding constitutional morality is an ongoing process, not a destination. It demands constant vigilance, a commitment to dialogue, and a willingness to challenge injustice. Strengthening democratic institutions, promoting civic education, and fostering a culture of respect for diversity are essential steps towards realizing the constitutional vision of a just and equitable society. A robust constitutional morality is the bedrock of a thriving democracy and a prerequisite for inclusive and sustainable development.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.