Subject: Constitutional Morality

Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated”.

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.

Other Pillars

Rule of Law – Eg- Article 14

Institutional Integrity – Eg- autonomy of EC, CAG

Progressive Interpretation – Eg- right to privacy

Equality and Dignity – Eg- Sabrimala Judgment

Constitutional Values – Upholding justice, liberty, equality, fraternity

Separation of Powers and Checks and Balances

Upholding constitutional morality

By Judiciary

Prioritizing Constitutional over Social Morality- Eg- Navtej Singh Johar case

Protecting Dissent and Liberty- Eg- upholding “Bail is the rule, Jail is the exception.”

Ensuring procedural fairness – Following due process and natural justice.

By Legislature

Debate and Deliberation- Eg- mandatory referral of bill to Parliamentary committee (UK Model)

Inclusive Law-making to protect the interests of the marginalized. Eg- Rights of Persons with Disabilities Act, 2016

Ensuring representation – Eg- Nari Shakti Vandan Adhiniyam, 2023

Social Reform through Legislation to rectify historical injustices. Eg- Triple Talaq Act

The Executive

Self-Restraint in Power- Eg- Following the S.R. Bommai guidelines to avoid the unnecessary imposition of President’s Rule (Article 356).

Adherence to the “Rule of Law”- Eg- Strictly following the D.K. Basu guidelines to prevent custodial torture.

Public Administration

Anonymity and Neutrality- Providing “fair and fearless” advice to ministers

Practicing Compassion- Using “administrative discretion” to help the last person in the queue (Antyodaya). Eg- S. Shankaran in implementing the Bonded Labour Abolition Act

Transparency and Honesty- Proactive disclosure under the RTI Act.

By Citizens (The Sovereign)

Tolerance of Dissent- Respecting the right of others to have a different opinion, religion, or lifestyle.

Performing Fundamental Duties- Recognizing that rights come with responsibilities (Article 51A).

Active Participation- Eg- Participating in Gram Sabhas or city ward committee meetings

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.

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.

Applied Ethics