Answer

Introduction

Dr. B.R. Ambedkar, while introducing India’s Constitution, emphasized that “Constitutional morality” the spirit of adherence to the constitutional values of liberty, equality, fraternity, and justice must guide both rulers and citizens. Unlike legal obedience, it requires internalising democratic ethics rather than merely following procedures.

Meaning and Elements of Constitutional Morality

• Adherence to Constitutional Values, not Personal Rule: It demands that all actions of the State and citizens be guided by the principles enshrined in the Constitution, not by individual or majoritarian will.
  Eg: Supreme Court’s judgment in Government of NCT of Delhi vs. Union of India (2018) stressed cooperative federalism as a facet of constitutional morality.
• Respect for Rule of Law and Institutional Autonomy: It ensures that power is exercised within constitutional limits, preserving institutional independence.
  Eg: The Court’s remarks in Rojer Mathew vs. South Indian Bank (2019) upheld the need to insulate tribunals from executive control.
• Commitment to Liberty, Equality, and Fraternity: These core values ensure democracy is substantive, not procedural.
  Eg: Navtej Singh Johar vs. Union of India (2018) upheld individual dignity as central to constitutional morality.
• Tolerance and Dissent as Democratic Virtues: Respect for differing opinions sustains pluralism.
  Eg: Justice D.Y. Chandrachud in Sabarimala Case (2018) highlighted that constitutional morality supersedes social morality.
• Accountability and Transparency: Constitutional morality upholds public reason and ethical conduct in governance.
  Eg: RTI Act (2005) and judicial activism on transparency in appointments reflect this ethos.
• Protection of Minorities and Marginalised Sections: It ensures equality before law and guards against majoritarian impulses.
  Eg: Kesavananda Bharati (1973) read the “basic structure” as the moral boundary of State power.
• Institutional Respect and Constitutional Patriotism: Citizens and representatives must revere the Constitution as a living moral document, not merely a legal one.
  

Challenges in Cultivating Constitutional Morality in Contemporary India

• Rise of Majoritarianism and Identity Politics: Populist rhetoric often undermines pluralism and minority rights.
  Eg: Hate speech, vigilantism, and religion-based polarisation erode the constitutional spirit of fraternity.
• Erosion of Institutional Independence: Increasing executive influence over the judiciary, media, and statutory bodies weakens checks and balances.
  Eg: Delays in judicial appointments and politicisation of the Election Commission highlight this trend.
• Weak Legislative Ethics and Political Opportunism: Frequent defections and criminalisation of politics display disregard for constitutional morality.
  Eg: Karnataka Assembly defection case (2019) exposed misuse of constitutional loopholes.
• Public Apathy and Lack of Civic Education: Limited awareness about constitutional duties reduces citizens’ moral participation in democracy.
  Eg: Low engagement with local governance and declining voter trust reflect this gap.
• Judicial Overreach vs. Accountability Dilemma: Over-dependence on the judiciary to uphold morality leads to imbalance between institutions.
  Eg: Expanding judicial activism in policy domains often invites criticism of overreach.
• Corruption and Weak Ethical Culture in Public Life: Patronage politics and lack of transparency erode faith in constitutional governance.
• Information Disorder and Polarised Public Discourse: Social media misinformation promotes emotive populism over rational constitutional debate.
  

Conclusion

Constitutional morality, as envisioned by Ambedkar, is the moral compass of the Republic, ensuring that power is exercised with restraint, equality, and compassion. Its cultivation requires ethical political leadership, civic education, independent institutions, and active citizenry.

DOWNLOAD PDF