Understanding 'Constitutional Morality': A Key Principle of Indian Polity
UPSC Relevance
Prelims: Indian Polity and Governance (Constitutional Philosophy, Fundamental Rights - Article 21, Article 25, Supreme Court Judgments, Dr. B.R. Ambedkar).
Mains:
General Studies Paper 2 (Polity & Governance): Indian Constitution—historical underpinnings, evolution, features, basic structure; Functions and responsibilities of the Judiciary; Separation of powers.
General Studies Paper 4 (Ethics): Probity in Governance; Foundational Values for Civil Service; Ethical concerns and dilemmas.
Essay: Topics related to Democracy, Constitutionalism, or Morality in Public Life.
Key Highlights from the News)
The article discusses the complex relationship between law and morals. In ancient India, the concepts of law and morals were not separated under the idea of 'dharma'.
Sometimes law guides morality (example: abolishing untouchability), and sometimes morality guides law (example: gender equality).
Recently, the concept of "Constitutional Morality" has gained great importance through Supreme Court judgments.
This term was first used in the Constituent Assembly by Dr. B.R. Ambedkar.
According to Ambedkar, Constitutional Morality is not a natural sentiment; it has to be cultivated.
He also warned that democracy in India is only a "top-dressing" because the Indian soil is essentially undemocratic.
The violation of Constitutional Morality may not be directly challenged in court, but it will lead to grave political consequences.
In the Sabarimala case, the Supreme Court interpreted the word "public morality" in Article 25 to mean "Constitutional Morality".
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