The contours of constitutional morality, Pg6

Key Highlights:

• The article discusses the evolving concept of constitutional morality and its role in interpreting the Constitution.
• Constitutional morality is described as adherence to constitutional principles, propriety, and conduct among constitutional functionaries.
• The Supreme Court has referenced constitutional morality in cases like the Sabarimala case, Manoj Narula vs Union of India, and Justice K.S. Puttaswamy (Retd.) vs Union Of India.
• B.R. Ambedkar emphasized the need to cultivate constitutional morality, viewing it as essential for a functioning democracy in India.

Detailed Insights:

• The relationship between law and morality has been debated, with some arguing for the enforcement of morals through law, while others emphasize the importance of laws reflecting ethical imperatives.
• Constitutional morality is not a new concept; it was invoked by George Grote in the context of ancient Greece to describe a passionate attachment to the Constitution.
• B.R. Ambedkar highlighted the importance of constitutional morality in the Constituent Assembly debates, emphasizing that it is not a natural sentiment but needs to be cultivated in India.
• While a breach of constitutional morality may not always be actionable in courts, it can lead to violations of constitutional conventions and the principle of the rule of law.
• The Supreme Court has interpreted constitutional morality to include allegiance to constitutional principles, liberal values, consensual decision-making, and morally acceptable standards of conduct by constitutional actors.
• Cultivating constitutional morality among citizens, lawmakers, and judges is crucial for transforming constitutional guarantees into tangible justice and ensuring equality in a rapidly changing society.

Key Concepts Involved:

• Constitutional Morality: Adherence to constitutional principles, propriety, and conduct among constitutional functionaries.
• Rule of Law: The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
• Constitutional Convention: A practice or custom that is not legally binding but is followed by constitutional actors.