Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy.
George Grote, in his History of Greece, described constitutional morality as a “rare and difficult sentiment” involving
Paramount reverence for forms and procedures of the Constitution.
Adherence to law while enabling open criticism of authority.
Need for public reason, self-restraint, and trust in institutions.
Significance in Promoting Good Governance
Promoting Transparency – Open processes and access to information. Eg – The “Jan Soochna Portal” in Rajasthan
Ensuring Responsiveness – CM treats the “Right to be Heard” as a fundamental right. Eg – grievance redressal through CPGRAMS
Enhancing Effectiveness – Decisions aligned with public interest. Eg- DBT via JAM trinity
Fostering Participation – Inclusion of stakeholders in decisions. Eg- The Nagaland “Communitisation” of Public Services
Equity and inclusiveness – Fair distribution of resources and opportunities. Eg- Forest Rights Act
Consensus orientation – Mediation and dialogue over coercion. Eg- The GST Council
Strategic vision – Long-term constitutional goals guide policy. Eg- Sustainable development.
Rule of Law – CM ensures that the law is applied impartially, preventing “Rule by Law.” Eg- Enforcement of the Model Code of Conduct (MCC)
Role in ensuring accountability
Legal accountability – Eg- Strictly following the D.K. Basu guidelines to prevent custodial torture.
Political accountability – Responsiveness to elected representatives within limits. Eg- Parliamentary questions.
Social accountability – Eg- MGNREGA Social Audits in Andhra Pradesh.
Financial accountability – Prudent and transparent use of public funds. Eg- Audit of the 2G Spectrum and Coal Block Allocations.
Professional and Administrative Accountability – CM ensures that the “Steel Frame” maintains institutional integrity. Eg- T. N. Seshan as CEC
Future accountability – promotes “Intergenerational Equity.” Eg- EIA norms
Moral Accountability – CM prevents the “Banalization of Evil,” where officers claim they were “just following orders.” Eg- Whistleblowing in the Vyapam Scam.
Procedural accountability – Following due process and natural justice.
Challenges
Conflict with Social Morality- Eg- sabrimala
Political Populism
Legacy of Colonial Laws- Eg- Official Secrets Act
Bureaucratic Inertia- A “Status Quo” mindset
Lack of Incentives- Eg- “Yes-men” culture
Weak Civil Education
The “Neutrality vs. Commitment” Dilemma
Constitutional morality serves as the “North Star,” ensuring that the ship of the state remains anchored in the values of human dignity and social justice.