Constitutional Morality: Understanding the Concept and Its Implications
Morality and Law
The relationship between morality and law has been a topic of interest throughout history. Some argue that law should enforce morals, as debated in the Hart-Devlin debate of the 1960s. The House of Lords in Shaw vs DPP (1962) argued for law's role in conserving moral welfare. The Supreme Court of India echoed this in P. Rathinam vs Union of India (1994), recognizing that law should embody moral principles.
Historical Context
Historically, there was little distinction between law and morals. Concepts like *dharma* encompassed both. Texts like the *Tirukkural* emphasized virtues such as *Aram* (virtue).
Constitutional Morality: Origins and Nuances
The term "constitutional morality" was first documented by historian George Grote in 1846. It involves a deep respect for constitutional forms and authorities, promoting open speech and legal control. Dr. B.R. Ambedkar highlighted its necessity in the Indian context, stating that constitutional morality needs cultivation in India, which has undemocratic roots.
Understanding Constitutional Morality
- Definition: Rules of constitutional propriety and conduct among functionaries.
- Judicial Perspective: Courts have deliberated the term in several landmark cases, including the Sabarimala case and Manoj Narula vs Union of India.
Key Legal Perspectives
- In S.P. Gupta, Justice Venkataramiah noted that constitutional conventions, though not enforceable by courts, impact political consequences.
- In Indian Young Lawyers Association and Manoj Narula, courts explored the relation between public morality and constitutional mandates.
The Scope and Impact of Constitutional Morality
- It encapsulates morally acceptable standards of conduct by constitutional actors.
- Breach of these standards might not be legally actionable but could breach constitutional conventions or principles like the rule of law.
- Remedies for breaches are often contextual, such as political accountability or public scrutiny.
The Road Ahead
India's progress lies in nurturing constitutional morality among its citizens, lawmakers, and judiciary. It's crucial for transforming constitutional guarantees into justice and equality. As B.R. Ambedkar advised, constitutional morality is not inherited but cultivated, ensuring democracy is embedded deeply in Indian society.