Constitutional Morality

Constitutional Morality

Context

During a high-profile dialogue between senior advocate Kapil Sibal and veteran journalist N. Ram, the duo highlighted concerns regarding a breakdown of constitutional machinery in India. They argued that constitutional morality must transcend political friction to ensure justice is delivered without fear or favor.

About the News

• Definition: Constitutional morality refers to adherence to the core philosophies and spirit of the Constitution rather than just its literal text. It acts as the bridge between law and ethics.
• Purpose: It requires public officials and citizens to act in a manner that preserves democratic institutions and protects individual liberties against the "tyranny of the majority."
• Key Features:
  • Adherence to Values: Prioritizing justice, liberty, equality, and fraternity over popular or religious sentiments.
  • Institutional Restraint: Ensuring the Executive, Legislature, and Judiciary do not overstep their constitutional bounds.
  • Protection of Minorities: Safeguarding the rights of marginalized groups from majoritarian impulses.
  • Non-Arbitrariness: Guaranteeing that state actions are based on reasoned law rather than the whims of those in power.
  • Public Conscience: Cultivating a civic culture where the habits of the people align with democratic norms.

Importance in Modern Times

• Check on Majoritarianism: Prevents the rule of the many from becoming the oppression of the few (e.g., judicial scrutiny of state anti-conversion laws to protect individual marital choice).
• Upholding Rule of Law: Ensures equal application of law regardless of political affiliation (e.g., higher courts reaffirming that "liberty is the rule and jail is the exception" in bail matters for activists).
• Ensuring Accountability: Mandates that the Executive remains answerable to the law (e.g., the 2024 judgment striking down the Electoral Bond Scheme to ensure transparency in political funding).
• Protecting Dissent: Recognizes that a healthy democracy requires the voice of the Opposition (e.g., court interventions regarding the record suspension of MPs in late 2023).
• Adapting to Social Change: Allows the Constitution to be a "living document" (e.g., the decriminalization of consensual same-sex acts in the Navtej Singh Johar case).

Challenges

• Judicial Extremes: The thin line between interpreting law and "legislating from the bench," versus "underreach" where the court fails to act (e.g., concerns over "sealed cover" jurisprudence).
• Executive Dominance: High majorities in the Legislature can lead to bills (like the new Criminal Codes) being passed via voice votes without extensive deliberation.
• Politicization of the Judiciary: Perceived bias in case listing (Master of Roster powers) or post-retirement appointments can erode public trust.
• Erosion of Federalism: Frequent friction between Governors and elected state governments (e.g., Tamil Nadu, Kerala, and West Bengal) regarding the passage of state bills.
• Weaponization of Law: Use of stringent laws like the PMLA or provisions of the Bharatiya Nyaya Sanhita to silence critics or arrest opponents before trial.

Way Forward

• Judicial Independence: Establishing transparent mechanisms for appointments and case listings to restore public faith.
• Strengthening Debate: Ensuring all major legislations undergo scrutiny by Parliamentary Standing Committees before being passed.
• Civic Education: Integrating constitutional values into school curricula to foster democratic habits in future generations.
• Administrative Reforms: Insulating investigative agencies from political interference to ensure impartial justice.
• Federal Guidelines: Establishing clearer boundaries for the role of Governors to prevent them from acting as political agents of the Centre.

Conclusion

Constitutional morality is the lifeblood of a democracy; without it, the Constitution remains a mere skeleton of words. The ultimate test of this morality is the delivery of justice unswayed by power. For India to remain a vibrant republic, its institutions must rediscover the courage to interpret the law for the greater good of all citizens, ensuring the spirit of the document is upheld over mere political expediency.