CONSTITUTIONAL
MORALITY: POLITY
NEWS: While addressing the conference of the National
Judicial Academy, CJI touched on the issue of “constitutional morality” that
paves the way for conditions that respect diversity, promote inclusion and
pursue tolerance.
WHAT’S IN THE NEWS?
Grave danger in perceiving courts as temples,
judges as deities, says CJI Chandrachud
Constitutional Morality
Definition
and Origins:
- Adherence to constitutional norms within a democratic system.
- Goes beyond literal interpretation to include values like
sovereignty, social justice, and equality.
- Coined by British historian George Grote in "A History of
Greece".
- Balances freedom and restraint, allowing citizens to criticize
authority while submitting to constitutional authorities.
Constitutional
Morality in the Indian Constitution:
- Preamble: Principles of
justice, liberty, equality, and fraternity.
- Fundamental Rights:
Protects individual rights against state power; enforceable under Article
32.
- Directive Principles:
Guidelines for state policy, influenced by Gandhian, socialist, and
liberal philosophies.
- Fundamental Duties:
Responsibilities of citizens alongside their rights.
- Checks and Balances:
Judicial review, legislative oversight of the executive, etc.
Supreme
Court's Viewpoint:
- Krishnamoorthy Case (2015):
Emphasized constitutional morality for good governance.
- Union of India vs. Government of the NCT of Delhi: High-ranking officials must adhere to constitutional morality to
prevent arbitrary authority.
- Government of NCT of Delhi Case (2018): Constitutional morality likened to a "second basic
structure doctrine".
- Navtej Singh Johar & Ors. vs. Union of India: Section 377 violated rights of the LGBTQI community under
Articles 14, 19, and 21.
- Justice K S Puttaswamy and Anr. vs. Union of India and Ors.
(2018): Upheld Aadhaar's constitutional validity
with restrictions, reinforcing the role of courts in checking executive
power.
Challenges:
- Debates on interpretation, especially conflicts between individual
rights and collective interests or different constitutional provisions.
- Issues like affirmative action, freedom of speech, and right to
privacy invoke discussions on constitutional morality.
Conclusion:
- Judiciary plays a crucial role in interpreting and upholding
constitutional values.
- Courts use constitutional morality to strike down laws or actions
that violate fundamental rights or undermine democratic principles.
- Constitutional morality evolves over time to reflect changing
societal norms and values.
- Serves as a guiding principle for governance, balancing rights
and responsibilities, and promoting a just and equitable society.
Source: https://www.thehindu.com/news/national/west-bengal/cji-chandrachud-underlines-constitutional-morality-as-means-to-preserve-indias-diversity/article68347563.ece