Model Answer
0 min readIntroduction
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, principles, and the ethical foundations upon which it rests. Rooted in the debates of the Constituent Assembly, particularly the emphasis on dignity, equality, and justice, constitutional morality signifies a higher standard of governance. The recent emphasis on this concept by the Supreme Court, especially in cases concerning fundamental rights and democratic principles, underscores its significance in safeguarding India’s constitutional ethos.
Historical Roots and Conceptual Foundation
The seeds of constitutional morality were sown during the deliberations of the Constituent Assembly (1946-1949). Members like Dr. B.R. Ambedkar emphasized the need for a ‘constitutional culture’ that would prevent the abuse of power and protect individual liberties. This wasn’t merely about following rules, but about a commitment to the values enshrined in the Constitution. Constitutional morality, therefore, implies a commitment to the principles of limited government, separation of powers, and the rule of law.
Key Components of Constitutional Morality
- Non-Arbitrariness: Actions of the state must be rational, justifiable, and not based on whims or caprice.
- Fairness and Due Process: Individuals are entitled to fair treatment and a just procedure before the law.
- Respect for Fundamental Rights: Upholding and protecting the fundamental rights guaranteed by the Constitution.
- Equality: Ensuring equal treatment under the law and eliminating discrimination.
- Fraternity: Promoting a sense of brotherhood and social harmony.
Judicial Interpretation and Landmark Cases
The Supreme Court has played a crucial role in defining and applying constitutional morality. Several landmark cases demonstrate this:
| Case | Year | Key Principle Applied |
|---|---|---|
| Kesavananda Bharati v. State of Kerala | 1973 | Basic Structure Doctrine – limiting the amending power of Parliament to preserve the core values of the Constitution. |
| Maneka Gandhi v. Union of India | 1978 | Expanded the scope of Article 21 (Right to Life and Personal Liberty) by introducing the concept of ‘due process’. |
| Indira Nehru Gandhi v. Raj Narain | 1975 | Highlighted the importance of free and fair elections as an essential feature of constitutional morality. |
| Navtej Singh Johar v. Union of India | 2018 | Decriminalization of homosexuality, upholding the principles of dignity and equality. |
In S.R. Bommai v. Union of India (1994), the Court held that secularism is a basic feature of the Constitution, and any attempt to undermine it would violate constitutional morality.
Contemporary Challenges
Despite its importance, constitutional morality faces several challenges in contemporary India:
- Erosion of Institutional Independence: Concerns about the independence of institutions like the Election Commission and the judiciary.
- Rise of Majoritarianism: Potential for the suppression of minority rights and dissent in the name of the majority will.
- Executive Overreach: Instances of the executive exceeding its constitutional limits.
- Populist Policies: Policies that may undermine long-term constitutional values for short-term political gains.
The increasing polarization of society and the spread of misinformation also pose threats to constitutional morality by eroding trust in institutions and promoting intolerance.
Conclusion
Constitutional morality is not merely an abstract legal concept but a living ethos that underpins India’s democratic fabric. Its preservation requires constant vigilance, a commitment to upholding fundamental rights, and strengthening the independence of institutions. Addressing the contemporary challenges through robust public discourse, judicial activism, and responsible governance is crucial to ensure that the spirit of the Constitution continues to guide India’s journey towards a just and equitable society. A renewed focus on civic education and promoting constitutional values among citizens is also essential.
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.