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UPSC MainsGENERAL-STUDIES-PAPER-IV20225 Marks30 Words
Q11.

Constitutional morality

How to Approach

This question requires a conceptual understanding of 'Constitutional Morality'. The answer should define the term, trace its evolution through landmark judgments, highlight its significance in contemporary governance, and discuss challenges to its implementation. Structure the answer by first defining constitutional morality, then outlining its historical context, followed by its importance and finally, the challenges faced. Use case laws to illustrate the concept. Keep it concise, adhering to the word limit.

Model Answer

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Introduction

Constitutional morality, a concept gaining prominence in Indian jurisprudence, transcends mere adherence to the letter of the law. It embodies a commitment to the spirit of the Constitution – its values of justice, liberty, equality, and fraternity. Rooted in the debates of the Constituent Assembly, it emphasizes the importance of respecting fundamental rights, upholding democratic principles, and ensuring a just and equitable society. The recent emphasis on constitutional morality stems from concerns about majoritarianism and the erosion of constitutional values in governance.

Defining Constitutional Morality

Constitutional morality, as understood in the Indian context, isn’t simply about following the Constitution’s provisions. It’s about adhering to the underlying principles that animate the Constitution. These principles include:

  • Respect for Fundamental Rights: Protecting and promoting the rights guaranteed to citizens.
  • Separation of Powers: Maintaining a balance between the legislature, executive, and judiciary.
  • Judicial Independence: Ensuring the judiciary’s ability to function without external interference.
  • Secularism: Maintaining a neutral stance towards all religions.
  • Federalism: Respecting the autonomy of states within the Union.

Historical Evolution & Landmark Judgments

The concept of constitutional morality wasn’t explicitly defined in the Constitution. However, its roots can be traced to the debates in the Constituent Assembly. Several landmark judgments have contributed to its evolution:

  • Kesavananda Bharati v. State of Kerala (1973): This case established the ‘basic structure’ doctrine, implying that while the Constitution can be amended, its fundamental features cannot be altered. This is a cornerstone of constitutional morality.
  • Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 (Right to Life and Personal Liberty) by linking it to dignity and fairness, reinforcing constitutional values.
  • S.R. Bommai v. Union of India (1994): This case dealt with the imposition of President’s Rule and emphasized the importance of secularism and federalism as basic features of the Constitution.
  • Navtej Singh Johar v. Union of India (2018): Decriminalizing homosexuality, the court invoked constitutional morality to uphold the rights of LGBTQ+ individuals.
  • Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): Declared the right to privacy a fundamental right, further strengthening the protection of individual liberties.

Significance in Contemporary Governance

Constitutional morality is crucial for several reasons:

  • Protecting Minority Rights: It safeguards the interests of marginalized communities against the tyranny of the majority.
  • Promoting Inclusive Governance: It encourages a participatory and representative form of governance.
  • Strengthening Democratic Institutions: It reinforces the independence and integrity of institutions like the judiciary and the Election Commission.
  • Ensuring Accountability: It holds the government accountable to the principles enshrined in the Constitution.

Challenges to Constitutional Morality

Despite its importance, constitutional morality faces several challenges:

  • Majoritarianism: The rise of majoritarian politics can lead to the suppression of minority rights and the erosion of constitutional values.
  • Populist Policies: Policies driven by short-term political gains may undermine long-term constitutional principles.
  • Weakening of Institutions: Attempts to undermine the independence of institutions can threaten constitutional morality.
  • Lack of Awareness: Limited public awareness about constitutional values can hinder their effective implementation.

Conclusion

Constitutional morality is not merely a legal concept but a guiding principle for a just and equitable society. Upholding this morality requires a collective commitment from all stakeholders – the government, the judiciary, civil society, and citizens. Strengthening democratic institutions, promoting constitutional literacy, and fostering a culture of respect for fundamental rights are essential steps towards ensuring that the spirit of the Constitution remains alive and vibrant.

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.

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Additional Resources

Key Definitions

Basic Structure Doctrine
A principle established by the Supreme Court of India stating that while the Constitution can be amended, its fundamental features or basic structure cannot be altered by Parliament.
Constituent Assembly Debates
The recorded proceedings of the debates held during the drafting of the Indian Constitution. These debates provide valuable insights into the framers’ intentions and the underlying principles of the Constitution.

Key Statistics

According to the PRS Legislative Research (as of 2023), India has seen over 100 constitutional amendments since its inception in 1950.

Source: PRS Legislative Research

As per the Election Commission of India, voter turnout in the 2019 Lok Sabha elections was approximately 67.11%, indicating a degree of citizen participation in the democratic process.

Source: Election Commission of India

Examples

Shaheen Bagh Protests (2019-2020)

The protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) at Shaheen Bagh raised questions about constitutional morality, particularly regarding the right to protest, freedom of speech, and the potential for discriminatory legislation.

Frequently Asked Questions

▶Is constitutional morality enforceable in a court of law?

While not explicitly codified, constitutional morality is increasingly being invoked by courts to strike down laws or policies that violate the fundamental principles of the Constitution. It serves as a guiding principle for judicial review.

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