Understanding Constitutional Morality:
Constitutional morality refers to the commitment to the core principles embedded in a nation’s constitution. It signifies the moral obligation of both individuals and the state to uphold constitutional values such as justice, liberty, equality, fraternity, and the rule of law, ensuring that these principles are respected and preserved in a democratic society.
The Role of Constitutional Morality in Safeguarding Individual Rights:
- Promotion of Equality and Non-discrimination: Constitutional morality demands that all individuals are treated equitably and without prejudice, ensuring their dignity is upheld under the law.
• Illustration: In the Sabarimala temple case, the Supreme Court ruled that preventing women from entering the temple based on their age violated the constitutionally upheld principles of justice, equality, liberty, and fraternity.
- Protection of Freedom of Speech and Expression: Constitutional morality guarantees that individuals can express their views, assemble peacefully, and engage in public discourse without fear of retaliation or censorship.
•Example: The Supreme Court’s decision to strike down Section 66A of the IT Act was a demonstration of constitutional morality in action, ensuring the protection of free speech.
- Right to Privacy: It safeguards individuals from unwarranted intrusions by the state or other entities, thereby respecting personal autonomy and dignity.
- Empowerment through Judicial Review: Constitutional morality empowers the judiciary to nullify laws that conflict with constitutional principles, serving as a check on arbitrary actions by the legislature and executive, thereby protecting individual rights.
•Example: The Joseph Shine v. UOI case saw the Supreme Court uphold the right to equality by striking down Section 497 of the IPC, demonstrating that laws must be consistent with constitutional morality.
Constitutional Morality as a Pillar of Democratic Ideals:
- Ensuring Checks and Balances: It ensures that the government adheres to constitutional limits, thereby preventing the concentration of power and protecting against autocracy.
- Upholding the Rule of Law: Constitutional morality reinforces the enforcement of the rule of law, encouraging active public participation in governance and resisting non-constitutional elements.
- Accountability of Government: It plays a crucial role in safeguarding citizens’ rights and freedoms by ensuring that the government remains accountable to constitutional principles and democratic norms.
- Integrity of Democratic Institutions: Constitutional morality supports the integrity of democratic institutions by ensuring that they operate within constitutional boundaries and reflect the will of the people.
- Inclusivity in Administration: It advocates for representation from all societal segments in administrative processes, ensuring that governance is reflective of the entire populace.
- Fostering an Inclusive Society: By recognizing and protecting the rights of all citizens, irrespective of their backgrounds or identities, constitutional morality promotes social harmony and respect for diversity.
Challenges Associated with Constitutional Morality:
- Ambiguity and Lack of Definition: The concept’s lack of clear definition sometimes allows it to be used to justify actions and decisions that could undermine the rule of law.
- Selective Enforcement: Instances of selective application of constitutional morality can erode impartiality and the rule of law.
- Subjective Interpretation: The subjective nature of constitutional morality can lead to varied interpretations, potentially justifying different actions based on individual or institutional perspectives.
- Risk of Judicial Overreach: An over-reliance on constitutional morality could lead to judicial dominance over legislative authority, potentially disrupting the balance of power in a democratic system.
Measures to Safeguard Constitutional Morality:
- Objective Standards: Developing objective standards for constitutional morality, similar to the ‘Basic Structure Doctrine,’ can enhance its application and consistency.
- Strengthening Institutions: Ensuring the independence and robustness of institutions like the judiciary and the media is crucial for upholding constitutional morality.
- Promoting Civic Engagement: Encouraging citizens to actively engage in the political process and hold public officials accountable is vital for the effective realization of constitutional morality. Public opposition to non-constitutional practices is essential for preserving democratic values.
Way forward:
Constitutional morality acts as a vital framework for interpreting and applying constitutional provisions, ensuring the protection of citizens’ rights and the proper functioning of democratic institutions. Upholding this principle is a shared responsibility of the state, judiciary, and citizens, crucial for the continued success of democracy.