|Demand of the question
Introduction. What is constitutional morality?
Body. How does one uphold constitutional morality? Importance of constitutional morality in public services.
Conclusion. Way forward.
Constitutional morality means adherence to the core principles of the constitution. Constitutional morality resolves conflicting interests of different people. It involves the administrative cooperation to resolve the issues without any confrontation amongst the various groups.
How does one uphold constitutional morality?
- Criticism: By criticising and raising voice against the non-constitutional practices. It is necessary to speak up against any actions, which you feel as illegal or unethical under the constitution. For example, section 377 of IPC was unconstitutional as it was against the principle of equality.
- Education: Only our beliefs and actions for upholding constitutional values is not enough. It is our moral obligation to educate the public regarding the importance to uphold these ideals. This will be fruitful for our democracy in the long run. For example, conducting programmes in schools where children are trained to inculcate constitutional values and practice them in their day to day life.
- Judicial Use: By letting constitutional morality guide the Court’s decision instead of popular morality, while interpreting the constitution, constitutional morality is being upheld. By locating the content and contours of constitutional morality so that it is not being ignorantly and dangerously used in courts.
- Holding constitutional values: By making a commitment to the values like constitutional supremacy, rule of law, liberty, equality, parliamentary form of government, self restraint and intolerance for corruption etc. Constitutional morality involve adherence to constitutional principles like:
- Commitment to liberty.
- Constitutional supremacy.
- Parliamentary form of government and self restraint.
- Rule of law.
- Intolerance for corruption, to name a few.
Importance of constitutional morality in public services:
The democratic values and principles governing public administration must follow the constitutional principles:
- Professional Ethics: A high standard of professional ethics need to be guided by the principles of constitutional values like equality, liberty, fraternity, etc. Constitutional morality held in upholding these values in civil services.
- Values: The civil servant are mandated by the Constitution to amongst others to promote the Constitutional Values and Principles governing public administration. Constitutional morality guide the values of the public servant leading to better
- Social Cohesion: In the preamble, the Constitution outlines the fundamental values on which nation building and social cohesion should firmly rest. These values include human dignity, the achievement of equality, the advancement of human rights and freedoms, non-racialism, supremacy of the Constitution, the rule of law, democracy, social justice, equity and respect.
- Impartiality: It allows an impartial responding to people’s needs and encouraging the public to participate in policy making.
- Accountability: Constitutional morality in a way instill a sense of accountability in public administration and help in fostering transparency.
- Representative administration: A representative public administration with employment and personnel management practices based on ability, objectivity, fairness and the need to address the imbalances of the past.
Constitutional morality is important for constitutional laws to be effective. It has been observed that young officers are resigning from service and aim to uphold ‘constitutional morality’, which they say is being violated. But the fact is that ‘constitutional molarity’ can be better preserved by being part of the system and initiating reforms rather than working out of the system. Thus, we can conclude that upholding’ constitutional morality’ is indeed a very important part of our official as well as moral duty and it needs combined efforts of all the sections of the society to make it possible.