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Constitutional Morality

Constitutional Morality

-Adv. Dr. Vasant H. Khaparde.

Constitutional morality means adherence to the core principles to the constitutional democracy. The scope of constitutional morality is not limited only to following the constitutional provisions literally but it is so broad that it includes commitment to inclusive and democratic political process in which both individual and collective interest are satisfied.
The historian of Greece Grote, he said that, “The diffusion of constitutional morality, not merely among the majority of any community, but the throughout the whole, is the indispensable condition of government at once free and peaceable, since every any powerful and obstinate minority may render the working of a free institution impracticable without being strong enough to conquer ascendency for themselves.
By constitutional morality Grote, meant “a paramount reverence for the forms of the constitution , enforcing obedience to authority under and within these forms yet combined with the habit of open speech, of action subject only to definite legal control, and unrestraint that sure of those very authorities as to all their public acts combined too with a perfect confidence in the bosom of every citizen amid the bitterness of party opponents than in his own”.
According to Dr. Babasaheb Ambedkar, that while everybody recognizes the necessity the diffusion of constitutional morality for the peaceful working of a democratic constitution, there are two things interconnected with it which are not unfortunately, generally recognized, one is that the form of administration has a close connection with the form of the constitution. The form of the administration must be appropriate to and the same sense as the form of the constitution.
The other is that the it is perfectly possible to pervert the constitution, without changing its form by merely changing the form of administration and to make it constituent and opposed to the spirit of the constitution. It is quite possible to pervert the constitution without changing its form. That is exactly what Adolf Hitler did in Germany, without altering the form of the Weimar constitution, he destroyed the entire constitution itself. Prime Minister has repeatedly stated that the only book for the current Government is the constitution of India. While he must be commended for reaffirming secularism and supremacy of the constitution there is a dangerous flip side to such a proposition scriptures have a history of being selectively interpreted by fundamentalists with a preformed agenda and constitution are not immune to this phenomenon. But, “In today’s political Arena” someone who identifies strongly with claim to speak for a whole nation or group, is unconcerned with the rights of others, and is willing to use whatever means are necessary including violence to achieve his or her goals” They have worked hard to finish the opposition, weaken institution by filling them with their own people, benefited their business cronies, threatened and controlled the media, holding their ability to speak for the people by winning their vote as a legitimizing argument. Dr. Babasaheb Ambedkar who, in 1949, had warned about the need to safe guard constitutional values. He had been instated on the need to always use constitutional methods to be wary of that ‘Bhakti’ or what may be called the path of devotion or “Hero worship” played a particularly prominent part in Indian Political would lead to “eventual dictatorship” whose untrammeled power subvert democratic institutions. Most importantly, Dr. Babasaheb Ambedkar had urged us to recognized that political democracy would have little value unless it was founded on “Social Democracy” which would give justice, equality, fraternity and opportunity to the disadvantaged and vulnerable.</p>
<p style=”text-align: justify;”>That the largest democratic sovereign state has a constitutional vision of justice is lucid and lucent and its mission , committed towards people’s value. The preamble spells out its pledge of justice, social economic and political and we, the people of India are the beneficiaries of a social, secular, and democratic order, constitutional morality and judicial values are both inextricably entangled to deliver justice to the sovereign mandate. Morality envisaged in the constitution its meaningful when it’s judiciary being the custodian of the Indian constitution is entrusted with obligation in incorporate judicial values in its undertaking to ensure the achievement of constitutional goals. Ever since its inception the country witnessed the emergence of judiciary from weak organ of the state to the most power instrument with its judiciary creativity. Justly handcuffing the element that are detrimental to constitutional morality and judicial values. The founding father of our constitution . Dr. Babasaheb Ambedkar wanted the nation in its burgeoning stage itself the significance of strong adherence to the morality of the constitution and judicial value. The question is can we presume such a diffusion on constitutional morality? constitutional morality is not a natural sentiment. It has to be cultivated we must realize that our people have yet to learn it.</p>
Reference :
1. Constituent Assembly Debate, Vol. VII
2. Fascism :A Warning, By Medeleine Albright
3. Dare I Question? By Hamid Ansari