|Demand of the question
Introduction. What is constitutional morality?
Body. Discuss how does one uphold constitutional morality?
Conclusion. Way forward.
Constitutional morality means adherence to the core principles of the constitutional democracy. Constitutional morality mean an effective coordination between conflicting interests of different people and the administrative cooperation to resolve the issues without any confrontation amongst the various groups. It is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with values and ethics.
How does one uphold constitutional morality?
- 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. By going against the convention and taking a moral high ground, you act as a preserver of constitutional values.
- Only our beliefs and actions for upholding constitutional values is not enough. It is our moral obligation to educate public regarding the importance to uphold these ideals. This will be fruitful for our democracy on the long run.Ex: Conducting programmes in schools where children are trained to inculcate constitutional values and practice them in their day to day life.
- 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.
- 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.
- By using it as an aid in making choices because it can give another set of clues while searching for constitutional meaning in cases wherein the words of the constitutional clause can be read in different ways.
- By having paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these forms.
- Even the constitution itself mentions this concept only four times (twice in Article 19 and twice in Right to religious Freedom under Article 25 and 26), and it has been understudied and ignored for a long while by people in general as well. It needs to be changed in order to understand the constitution with a new perspective exploring further possibilities of this concept.
- 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.
Constitutional morality is important for constitutional laws to be effective. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. 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 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.