Q.What is meant by the term ‘constitutional morality’? How does one uphold constitutional morality?

Introduction

Constitutional morality denotes a steadfast commitment to the core values, principles, and philosophy embedded within a nation's constitution. It guides the conduct of citizens, public officials, and state institutions, ensuring that actions align not just with the literal text of the constitution, but with its underlying spirit—namely, the ideals of justice, liberty, equality, and fraternity.

Understanding Constitutional Morality

Constitutional morality encompasses several critical dimensions:

• Adherence to Constitutional Principles: Upholding the rule of law, protecting fundamental rights, and ensuring justice for all.

• Respect for Democratic Values: Fostering transparency, accountability, and participatory governance.

• Commitment to Equality and Non-Discrimination: Promoting equal treatment and actively preventing discrimination based on gender, race, religion, or caste.

• Balancing Individual Rights with Collective Welfare: Harmonizing individual freedoms with the broader public interest.

graph TD
CM["Constitutional Morality"] --> ACP["Adherence to Constitutional Principles"]
CM --> RDV["Respect for Democratic Values"]
CM --> URL["Upholding Rule of Law"]
CM --> CIP["Commitment to Inclusivity and Pluralism"]
CM --> SPI["Subordination of Personal/Group Interests to Constitutional Ideals"]

How to Uphold Constitutional Morality

Upholding this ethos requires active efforts across various pillars of democratic life:

1. Strict Adherence to the Constitution: Public functionaries and institutions must align their decisions with constitutional provisions and judicial interpretations.

• Example: The landmark judgment in Navtej Singh Johar v. Union of India (2018) decriminalized homosexuality, upholding the constitutional values of equality and non-discrimination.

1. Judicial Oversight and Interpretation: The judiciary must act as the custodian of the constitution, ensuring laws do not violate its basic structure.

• Example: The Kesavananda Bharati case (1973) established the 'Basic Structure Doctrine', limiting parliament's power to alter essential constitutional features.

1. Ensuring Accountability and Transparency: Institutions must remain open and answerable to the public.

• Example: The Right to Information (RTI) Act empowers citizens and promotes transparency in governance.

1. Balancing Rights and Duties: Citizens must balance their personal liberties with their civic obligations.

• Example: The Swachh Bharat Abhiyan demonstrates how the right to a clean environment is tied to the civic duty of maintaining cleanliness.

1. Addressing Social Inequities: Implementing policies that target systemic and historical injustices.

• Example: Affirmative action and reservation policies for Scheduled Castes (SCs) and Scheduled Tribes (STs) to foster social equity.

1. Promoting Civic Education: Fostering awareness of constitutional values through education.

• Example: Integrating constitutional studies in school curricula to nurture responsible citizenship.

1. Respecting Pluralism and Diversity: Celebrating multiculturalism and protecting minority rights.

• Example: Recognizing multiple official languages in India to preserve linguistic diversity.

graph TD
UCM["Upholding Constitutional Morality"] --> BRD["Balancing Rights and Duties"]
UCM --> SAC["Strict Adherence to the Constitution"]
UCM --> EAT["Ensuring Accountability and Transparency"]
UCM --> ASI["Addressing Social Inequities"]
UCM --> JOI["Judicial Oversight and Interpretation"]
UCM --> PCE["Promoting Civic Education and Awareness"]
UCM --> RPD["Respect for Pluralism and Diversity"]
BRD --> SBA["Swachh Bharat Abhiyan / Environmental Cleanliness"]
SAC --> SCD["Supreme Court Decisions / Constitutional Text"]
EAT --> RTI["Right to Information Act / Public Accountability"]
ASI --> RAP["Affirmative Action Policies / Reservation Policies"]
JOI --> BSD["Basic Structure Doctrine / Judicial Interpretations"]
PCE --> SC["School Curriculums / Citizen Awareness Programs"]
RPD --> LD["Linguistic Diversity / Cultural Recognition"]

Conclusion

Upholding constitutional morality is vital for a robust and thriving democracy. It aligns closely with deontological ethics, emphasizing duty and adherence to moral rules, thereby strengthening democratic institutions and ensuring welfare-oriented governance.