What is meant by constitutional morality? How does one uphold constitutional morality? (150 words).

Ethics
Ethics: Theory
2019
10 Marks

Constitutional morality prioritizes the values and principles enshrined in the Constitution over societal norms or individual preferences. It emphasizes aligning personal conduct with constitutional ideals. This raises the dilemma of balancing individual freedom with constitutional obligations.

Significance of Constitutional Morality

Constitutional morality, as championed by Ambedkar, safeguards the transformative potential of the Constitution. It ensures that laws and actions adhere to core constitutional values, promoting social justice and equality. This is crucial for a diverse democracy like India, preventing majoritarianism and protecting minority rights.

  • Upholding the Rule of Law: Respecting legal processes and institutions, even when they challenge personal beliefs, is fundamental.

    • Example: Accepting Supreme Court verdicts, even if unpopular, like the Sabarimala Ayyappan Temple case demonstrates respect for the rule of law.
  • Protecting Fundamental Rights: Actively defending the rights of all citizens, especially marginalized groups, is essential.

    • Example: Fighting against discrimination based on caste, religion, or gender, as enshrined in Article 15, upholds fundamental rights.
  • Promoting Judicial Independence: Safeguarding the judiciary's autonomy ensures impartial interpretation and application of the Constitution.

    • Example: The Kesavananda Bharati case (1973) established the Basic Structure Doctrine, limiting Parliament's power to amend the Constitution and protecting judicial independence.

Constitutional morality ensures the Constitution's continued relevance by adapting its principles to contemporary challenges, fostering a just and equitable society. It necessitates continuous engagement with constitutional values in everyday life and governance.

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