Day 1 – Q 1.A constitution by itself is just an inanimate object which comes to life once it is complemented by constitutional morality. Comment.
1. A constitution by itself is just an inanimate object which comes to life once it is complemented by constitutional morality. Comment.
एक संविधान स्वयं ही एक निर्जीव वस्तु है जो संवैधानिक नैतिकता के पूरक होने के बाद जीवन में आता है। टिप्पणी करें।
-In introduction, define what is constitutional morality and how it will help in implementation of constitutional laws and principles.
-In body, 1st part should contain examples of how constitutional morality helped implement various laws and principles of constitution like Section 377, Triple talaq, Equality, separation of power etc. 2nd part should contain examples of where it has failed like Manual scavenging, atrocities against vulnerable and weaker section etc.
-Body should contain 7-8 points minimum.
-then conclude the answer with any suggestions.
According to Grote, Constitutional morality is a paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these forms.
According to Chief Justice of India Justice Rajan Gogoi, True patriotism and adherence to the constitution is constitutional morality.
Over the years, Supreme court of India has used constitutional morality as a guiding principle to interpret the constitution and makes necessary changes to laws which are sometimes contrary to the prevailing customary laws and majoritarian morality. Some are given below:
- Decriminalizing Homosexuality: SC recently decriminalised Section 377 and gave right to equality and livelihood to LGBT community. This upheld fundamental rights guaranteed under Art 14 and 21 of constitution.
- Adultery: Till recently adultery was a criminal offence and man could be punished for having affair with married women. SC declared that any provision affecting dignity of women and equality of women is against constitution.
- Separation of power: Citing Directive principles and various provisions, SC has refused to entertain litigations against executive or legislature over years. Also it quashed NJAC bill when executive tried to interfere in Judicial appointments.
- Sabarimala verdict and Triple Talaq: SC recently announced changes to customs of Sabarimala temple to allow women in age group of 10-50 and banned triple talaq practice which was practiced by a particular community.
- Child Marriages, Dowry, Female infanticide: These customary practices are banned and criminalised under laws and SC has time and again stressed for eradication of same.
- Fundamental rights: Referring to principles of constitutional morality, SC has come up with a new doctrine called basic structure, it expanded the scope of Art 21 among others.
- Aadhaar: Several provision of Aadhaar was written down citing right to privacy and recognition of individual dignity.
Even though judiciary and other institutions of state are striving to bring constitutional morality into practice, we still have short comings:
- Manual Scavenging: Even after 70 years of independence, we are not able to stop inhuman practice of manual scavenging.
- Untouchability: Untouchability is abolished and its practice is forbidden in any form but we often hear about discrimination in form of banning entry of Dalits into temples, usage of wells and ponds etc.
- Women: Even though constitution forbids discrimination based on Gender and Sex women are still looked down upon, harassed in workplace and marital homes, prevalence of customs like Child marriage, dowry etc. still exists.
Without constitutional morality, constitution is a dead book. It can be seen in countries like Pakistan, Bangladesh, Srilanka, Myanmmar etc. where democracy, Individual liberty, Dignity of individual are all compromised for sake of state.
Upholding constitutional morality is not just the duty of Judiciary or state but also of individuals, unless they take initiatives and bring about changes, there will exist shortcoming. Preamble of constitution explicitly mentions the type of society we wish to establish; it is only through constitutional morality it can become reality.
Best answer: S K