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Exam Year: 2021

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    Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy.

    As per George Grote, it involves

    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.

    Essential Facets and Roots within the Constitution

    Preamble – It acts as the moral compass, explicitly mandating the preservation of justice, liberty, equality, and fraternity.

    Fundamental Rights – Protect dignity, autonomy, equality. Eg – Navtej Johar (2018) decriminalised homosexuality.

    DPSPs – Provide moral compass for social and economic justice.

    Institutional Checks & Balances – Separation of powers, judicial review, federalism. Eg – Kesavananda Bharati (1973) upheld Basic Structure.

    Democratic Processes – Free elections, executive accountability, judicial independence.

    Judicial Decisions

    Kesavananda Bharati (1973)- Upheld Basic Structure as a reflection of constitutional morality above political majority.

    Naz Foundation (2009, Delhi HC)- Asserted constitutional morality over public morality in striking down Sec. 377 IPC (later affirmed in Navtej Johar).

    Navtej Singh Johar (2018)- SC decriminalized homosexuality, stating constitutional morality must prevail over majority opinion.

    Sabarimala case (2018)- Affirmed women’s entry in temples on grounds of constitutional morality and gender equality.

    Government of NCT of Delhi v. Union of India (2018) – SC held that constitutional morality ensures cooperative federalism and prevents concentration of power in the hands of one authority.

    Joseph Shine v. Union of India (2018) – struck down Section 497 IPC (Adultery) as discriminatory, invoking constitutional morality to protect individual dignity and autonomy.

    Constitutional morality is the soul of Indian democracy. As Rajeev Bhargava notes, it embodies a form of constitutional patriotism that enables unity in diversity while upholding pluralism

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    “Indian Judiciary is not only guardian of the Constitution but also Active Participants in the Social Revolution.” – J.L. Nehru. Greater women representation in the judiciary is essential for this vision.

    Desirability of Greater Representation

    Constitutional Imperative – Fulfils Articles 14, 15(3), and 39A, ensuring equal opportunity and access to justice for all.

    Corrects Historical Imbalance- Addresses structural and institutional barriers in legal and judicial careers.

    Diversity of Perspective – Women judges bring unique social insights, empathy, and lived experiences, enriching judicial reasoning and deliberation.

    Gender-Sensitive Adjudication – Enhances sensitivity in matters of sexual violence, family law, and gender rights. Eg- Justice Indu Malhotra’s dissent in Sabarimala (2018).

    Enhances Legitimacy and Public Trust – A judiciary reflective of society’s diversity strengthens citizen confidence in judicial impartiality.

    Democratization of Judiciary – Promotes inclusive representation across gender, class, and region, aligning with democratic ideals.

    Global Democratic Benchmark – Countries like Canada and the UK have achieved near gender parity, improving judicial balance and inclusivity.

    Role-Model Effect – Inspires women in the legal profession, helping address underrepresentation in senior judicial positions.

    “There is no better test of the excellence of government than the working of its judicial system.” – Lord Bryce. The true measure of that excellence lies in Gender Equality in Judiciary.

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    The Constitution of India envisages the Finance Commission under Article 280 as the ‘balancing wheel of fiscal federalism’ in India.

    Key Recommendations & Impact

    Tax Devolution Raised to 42% – Increased untied resources, enhanced fiscal autonomy.

    Reduced Dependence on Central Grants – Gave States more predictable, formula-based transfers.

    Greater Spending Autonomy – Fewer tied schemes allowed States to set local priorities.

    Plan vs Non-Plan Expenditure removed – Simplified budgeting, better fiscal management.

    Incentives for Fiscal Discipline – FRBM compliance encouraged prudent debt management.

    Support to Local Bodies – Higher allocations improved grassroots fiscal health.

    Special Grants for Environment & Judiciary – Helped States strengthen governance and green initiatives.

    GST Compensation Mechanism (recommended later) – Protected States from revenue loss during tax transition.

    Positive Impact

    Strengthened fiscal federalism

    Improved fiscal indicators of states

    Encouraged competitive federalism

    Concerns

    Rise in Cesses & Surcharges – Cesses & surcharges rising from 12.8% (2015-20) to 18.5% (2020-24).

    States’ effective share shrank – Fell from 35% (2015-20) to ~31% (2020-24) of Centre’s gross tax revenue.

    GST Compensation Delays – Especially during COVID, strained States’ finances.

    Reduced Central Grants – Decline in discretionary and plan-based transfers cut flexibility.

    Borrowing Restrictions (Art. 293, FRBM) – Limited States’ ability to raise resources.

    High Centrally Sponsored Schemes (CSS) – Continued tied funds reduced States’ expenditure autonomy.

    Way Forward

    Increase Devolution to 50% under 16th FC.

    Include Cess/Surcharge in divisible pool

    Restructure CSS – Consolidate into fewer umbrella schemes

    As the Punchhi Commission noted, “true federalism requires fiscal autonomy alongside political autonomy.”

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    The interwar period (1919-1939) witnessed a devastating systemic collapse of European democracies, driven by economic ruin, political instability, and the aggressive rise of totalitarian ideologies.

    Serious Challenges to the Democratic State System

    Rise of Italian Fascism: Totalitarian forces exploited social chaos to dismantle democratic institutions and suppress political dissent. Eg: Benito Mussolini’s March on Rome in 1922.

    Collapse of Weimar Republic due to Hyperinflation and extreme political polarization. Adolf Hitler legally captured state power in 1933 via the Enabling Act.

    Japanese Militarism: Ultra-nationalist military factions hijacked civilian democratic cabinets. Eg: assassination of Prime Minister Inukai Tsuyoshi during the 1932 military coup.

    Spanish Democratic Breakdown: General Francisco Franco overthrew the democratically elected Spanish Republic in 1936.

    The expansion of the Soviet model under Joseph Stalin presented a revolutionary alternative to parliamentary structures.

    The Paralysis of the League of Nations failed to deter aggressive invasions by revisionist powers. Eg: inaction during the Italian invasion of Abyssinia in 1935.

    Appeasement Policy Faults: Western democratic leaders repeatedly compromised constitutional values to avoid active military engagements with Germany.

    Hyper-Nationalist Border Disputes: Eg: border skirmishes and minority rights disputes in Poland and Czechoslovakia.

    Fragile Coalition Governance: Eg: frequent collapse of French parliamentary governments throughout the 1930s.

    Widespread Paramilitary Violence: Eg: The violent street campaigns run by Nazi Sturmabteilung (SA) brownshirts across Germany.

    Weaponized Mass Propaganda: Totalitarian regimes used new mass media channels to bypass traditional democratic debate. Eg: Joseph Goebbels building a centralized Reich Ministry of Public Enlightenment in 1933.

    Corporate-Fascist Collusion: Eg: Major German industrialist networks providing financial backstops to the Nazi Party.

    Erosion of Judicial Independence: Dictatorships systematically replaced constitutional checks and balances with arbitrary executive tribunals. Eg: Nazi People’s Court in 1934.

    Impact of the Interwar Democratic Collapse

    Outbreak of WWII due to destruction of democratic diplomacy.

    State-Sponsored Holocaust: Totalitarian racism culminated in the systematic bureaucratic extermination of millions of minorities.

    Loss of Civil Liberties: Eg: The rapid expansion of the Soviet Gulag forced-labor camp system under Stalin.

    Normalisation of Total War Doctrines: Military strategies evolved to intentionally target civilian populations and urban industrial centers.

    Post-War Bipolar Geopolitics: Eg: The division of Europe into ideological blocs at the Yalta Conference (1945).

    Birth of Restructured International Frameworks: Eg: The formal establishment of the United Nations in 1945 with enforcement powers

    The systemic collapse of interwar democracies proved that economic security and resilient public institutions are vital to safeguarding human freedom.

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