Your support for our journalism is invaluable. Ct. H.R. The genealogy of Ambedkar’s signposting of constitutional morality may be traced to the strength of anti-caste resistance and the abolition of untouchability. So, for example, while the earlier chief justice of India, Deepak Mishra majorly used the doctrine of constitutional morality in almost all the cases he heard to justify the rationale of the court. Here, the court also opined that constitutional morality is a second basic structure doctrine. It has helped us keep apace with events and happenings. In 2009, the Delhi High Court, in Naz Foundation v. NCT of Delhi, invoked Babasaheb Ambedkar’s delineation of constitutional morality in asserting the urgency of decriminalising consensual sexual relations proscribed by Section 377 of the Indian Penal Code. One recent example that has long this list is, ‘Constitutional Morality’. .that one can take the risk of omitting from the Constitution details of administration and leaving it for the legislature to prescribe them" (ibid). To be precise  I believe in ” Write to change” rather than simply “write to analyze”. 2. Therefore, in times when we already have broad concepts like the basic structure of the constitution, arbitrary test, reasonability, and many more even then we need a broader and a vaguer concept like the constitutional morality, I believe, certainly not. TC Year Ender on the Indian Judiciary. Id. The court also opined that the goal of the court is to transform society or convert public morality into constitutional morality.[xxiv]. Concluding the above statements of the judiciary in the different cases, we can say, as of now we have three broad interpretations of the constitutional morality. In 2009, the Delhi HC rendered its landmark judgment holding Section 377 to be unconstitutional on the grounds that it violated Articles 14, 15 … [Vol. His entire argument was about the importance of decentralizing power. For two hours everyone heard him with rapt attention and admiration. 43, no. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. [xxvii]  NCT of Delhi v. Union of India (2018) 8 SCC 501. Will a general strike of all conservancy workers across the country bring the country to its knees? [xxii] However, later in the case of Navtej Singh Johar v. Union of India[xxiii] the top court vouches for the view of the Delhi High court by reversing its earlier judgment. The judiciary in any country holds a special role. [xiv] He even stated this, where he said that “Democracy in India is only a top-dressing on an Indian soil, which is essentially undemocratic.”[xv]. Each one seems to be absolutely clear about the scope, meaning and relevance of the phrase befitting its utility to the cause she intends to espouse. 3358 of 2018, majority judgment dated 14 November 2019. To put it in simple words, constitutional morality is a coordinating link between conflicting interests of different people and the administrative cooperation to resolve such disputes amicably. To import morality into "the heart of constitutional law" Therefore, in the author’s view, it is necessary to interpret the doctrine of ‘Constitution morality’ by taking the viewpoints of both the pioneers. Constitutional morality means adherence to the core principles of the constitutional democracy. The genealogy of Ambedkar’s signposting of constitutional morality may be traced to the strength of anti-caste resistance and the abolition of untouchability. 7. [xxxi] Constitution of India 1949, Article 25. This displaying the selective approach of the court regarding constitutional morality. 3. [xxxii] It conspicuously establishing the fact that our constitutional drafters wanted to keep all the laws as well as part III of the constitution away from the ambit of article 26. Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. laws prohibiting private homosexual activity, sodomy, and oral sex between consenting adults are unconstitutional. Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with values and ethics. The Indian Constitution is a living document that consistently evolving whether by the judicial interpretation or by the introduction of different-2 legislations new dimensions of the constitution are being unfolded which conspicuously tends to uphold the majesty of the constitution. The court here observed that the underlying cause behind exempting the women from the liability under this section is the result of patriarchal norms prevailing in the society where women are treated as “victims of being seduced into a sexual relationship” and as a property of a man. Constitutional morality provides a principled understanding for unfolding the work of governance. 9. [viii] This is when Ambedkar first time confronted with the doctrine of constitutional morality given by George Grote in his book. However, there is a continuing hue and cry from a section of the society[iv] that claims that the use of undefined concepts like ‘Constitutional Morality’ can be hazardous to our constitutional values. [xxii] Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1. Consequently, he gave this statement where he tried to express that initiation of the constitution is not everything the morality of it should also be implemented to uphold the majesty of the constitution and for which natural sentiment of respect should be genome among the people. The Supreme court there by interpreted constitutional morality by subjugating Article 25 to Article 14. The concept of Constitutional Morality was used in an important case of Navtej Singh Johar which employed this concept in an innovative manner to strike down Section 377 of the Indian Penal Code and decriminalize homosexuality. In India, their role becomes more pertinent since here they often find an upper hand in all the cases. Robert Bork, Tradition and Morality in Constitutional Law (1984). The biggest and the hardest blow to the societal morality was the case of India Young Lawyers Association v State of Kerala which recognised the right of Hindu women to freely practise their religion irrespective of their age. 7, at p.38, [xvii] https://lexlife.in/2020/05/14/constitutional-law-doctrine-of-constitutional-morality/. A constitutional morality requires putting up with the possibility that what eventually emerges from a process is very different from what citizens had envisaged. [xi] Russell Meiggs, “Cleisthenes of Athens”, Encyclopaedia Britannica, available at https://www.britannica.com/biography/Cleisthenes-of-Athens (last visited 3 September 2020). The US Supreme Court has made many sweeping, landmark decisions. Further, one more reason behind this concern is the selectivity of the judges regarding the application of this doctrine. Therefore, he provided so minutely details of the government administration since he believed that the administration (through the legislature) could change the form of the current constitution without bringing any amendment and as people who currently don’t have any natural sentiment towards it will not even oppose it. You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. The last chief justice of India, Rajan Gogoi who delivered judgments in some significant and one of the most popular cases of India like Ayodhya land dispute case[xxxiii], Rafale matter[xxxiv] the case involving the question from the right to information[xxxv] and the finance act[xxxvi] did not mention this doctrine in any of these cases. Constitutional Morality has featured in a variety of conversations across the country ranging from courts, to classes, to academics, to social scientists, to activists, to laywomen. Which explicitly is highlighting the flip side of this newly developed doctrine. Can’t we achieve the object of our constitution without the assistance of constitutional morality? Marlin E. Olmsted, of Pennsylvania, in the House of Representatives”, 16 July 1912, Congressional Record ID: CR-1912-0716 (available on Lexisnexis.com); “Bulle. But ‘constitutional morality’ or ‘ethical spirit’ that undergirds the speech is very relevant to us today. There is recognition by the court that majoritarian governments/sections work hard to keep oppressive structures in place, and that it is the duty of the court to place questions of liberty, equality, and dignity out of the reach of majoritarian impulses. [ii] E. P. Royappa vs State Of Tamil Nadu & Anr 1974 SCR (2) 348, [iii]  Chiranjit Lal v. Union Of India AIR 1981 SC 41, [iv] Andre Béteille, “Constitutional Morality”, Economic and Political Weekly, vol. Another famous case when a mention of “breach of constitutional morality” of having been committed was the First Judges case, a.k.a. 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To return to Prof. Baxi’s concerns on the place of law: Article 17 of the Constitution of India states: “Untouchability is abolished and its practice in any form is forbidden. in federal constitutional law in the United States, especially with respect to cases that end up at the U.S. Supreme Court: there, the Court operates as a kind of super-legislature, albeit one with a limited jurisdiction, essentially making decisions based on the moral and political values of the justices, and not [xl] Review Petition (Civil) No. 8. mysterious illness | One dead, number of cases crosses 300 in Eluru, Coronavirus | About 130 Covaxin trial volunteers may test positive, says Bharat Biotech, Indian Navy wants to join IAF in fighter jet shopping. However, the major change in the interpretation of constitutional morality came in the case of Naz Foundation v. Government of NCT where Justice A.P.Shah first time used it as a counterpoise to ‘Public Morality’. However, a detailed analysis will enlighten the fact that the unfettered power carried by the judiciary under the guise of constitutional morality has already started striking down this very purpose. There was a second usage that Ambedkar was more familiar with from its 19th century provenance. Subscribe to The Hindu now and get unlimited access. [xii] George Grote Esq., Greece (New York: Peter Fenelon Collier, 1899), available at https://babel.hathitrust.org/cgi/pt?id=hvd.hw20pr&view=1up&seq=7 (last visited 3 September 2020). Here's a primer on 45 of the most important ones, and how they changed American life. constitutional morality. Therefore, there is a dire need to re-consider this aspect more comprehensively and this paper is a small contribution from the author in this benign direction. Because then, it will not be a question of prime-time jingles on a clean India; the focus will shift on each of us to take the moral and physical responsibility of cleaning our own sewers and keeping ourselves free of the risk of toxic death. The thankfully rare case, otherwise found in philosophy debates, demonstrates the relationship between law and morality, perhaps one of the first questions on … It was never intended to be used as a test by the courts for invalidating legislation or any government action from both scholar’s points of view whether from Grote or Ambedkar. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.” This is a fundamental right and therefore justiciable and enforceable by courts, which shall call governments to account. Id. 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