Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Morality and Law
- Hart-Devlin debate (1960s) analyzed benefits and pitfalls of fusing morality into law.
- Shaw vs DPP (1962) declared residual power to enforce moral welfare of State.
- P. Rathinam vs Union of India (1994): law embodies rights based on moral principles.
- Ancient India had dharma concept embracing both law and morality without distinction.
- Tirukkural emphasized virtue ‘Aram’ integrating moral and legal principles comprehensively.
Concept of Constitutional Morality
- George Grote (1846) termed Greeks’ passionate constitutional attachment as “constitutional morality” originally. He emphasized paramount reverence for constitutional forms ensuring obedience to legitimate authorities.
- Dr. B.R. Ambedkar invoked Grote’s passage in Constituent Assembly debates on administrative mechanisms. Ambedkar stated “constitutional morality is not natural sentiment”; must be cultivated among people. Constitutional morality comprises rules of constitutional propriety/conduct among constitutional functionaries and actors.
Legal Interpretation
- Professor Dicey distinguished between “law of constitution” (enforceable) and “conventions of constitution” (non-enforceable).
- Breach of constitutional morality not directly actionable in courts per Dicey’s positivist approach.
- S.P. Gupta case: convention violation considered serious breach leading to grave political consequences.
- Sabarimala case (2018): CJI Dipak Misra equated “public morality” with constitutional morality controversially.
- Manoj Narula case: constitutional morality means bowing to constitutional norms, not arbitrary actions.
- State (NCT) vs Union: includes liberal values, consensual decision-making, responsibilities of constitutional officeholders.
- Justice K.S. Puttaswamy case: requires government not violate rule of law or court orders.
Significance and Way Forward
- Breach may trigger violation of rule of law principle without being directly actionable.
- Accountability mechanisms include Parliament floor or electoral consequences beyond courts only.
- Need to cultivate constitutional morality among citizens, lawmakers, judges for transforming constitutional guarantees.
- It is vital for fostering inclusion, protecting minorities, ensuring equality in rapidly changing society.
Q- What is constitutional morality? Discuss its significance and distinguish it from public morality with suitable examples. (10 Marks)