Constitutional morality is an important concept that is a part of the polity segment of the UPSC syllabus. Constitutional morality means adherence to the core principles of the constitutional democracy. Legally Speaking Constitutional morality, public morality and moral diversity. Apart from these and a few uses here and there, one more significant use of the term could be the famous speech "The Draft Constitution" given by Dr. B.R. It was the first ever democratic Constitution that India had adopted. 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 interests are satisfied. In various judgements judiciary stated that constitutional morality is imp than societal/popular / majoritarian morality like sabarimala , triple ⦠Seventy years ago, on this day, the Indian Constitution was finally signed and sealed by the Constituent Assembly. Ours is a very lengthy and elaborate Constitution. Constitutional morality has also often been used as a replacement for constitutionalism. In 1846, when Grote wrote about the rise and fall of Athenian democracy, he explained that the diffusion of the sentiment of âconstitutional moralityâ throughout society is a prerequisite for a stable, peaceful and free society. Ambedkar has attempted to define constitutional morality referring to English historian George Grote. Constitutional morality in India is only possible if those who implement it have faith in the humanist values as espoused by Baba Saheb Ambedkar. The dominant features of constitutional morality, for George Grote were freedom and self-restraint. Grote defined constitutional morality as "a paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these formsâ¦". The pith and marrow of this discussion is that constitutional morality may be invoked on the basis of the provisions of the Constitution to question the conduct of the State and to identify the metes and bounds within which the State must operate. constitutional morality is sufficiently ingrained that constitutionalism is no longer at stake because of caprice, whims and excessive power concentrated in certain individuals. Answer: âConstitutional moralityâ can be defined as a moral responsibility of an individual to be faithful towards constitutional values and uphold them with utmost integrity, without any compromise. The concept of Constitutional Morality was used in an important case of Navtej Singh Johar which employed this concept in an innovative manner to strike down Section 377 of the Indian Penal Code and decriminalize homosexuality. In this article, you can read all about the term, its meaning and significance for the IAS exam. The genealogy of Ambedkarâs signposting of constitutional morality may be traced to the strength of anti-caste resistance and the abolition of untouchability. By constitutional morality, Grote meant paramount respect for the forms of the constitution, enforcing obedience to authority and acting under and within these forms. Though, twice, in passing the phrase constitutional morality has been used in by the Supreme Court in the Keshavananda Bharti and S P Gupta judgements. Without reference to Ambedkarâs explanation of constitutional morality or his reliance on Grote, the well known sociologist, Andre Béteille, lectured on constitutional morality at the Administrative Staff College of India, Hyderabad in February 2008, which after revision he also published in a prestigious and widely read periodical. Term Constitutional Morality is not new for the constitution. Smritis were rendered by men of wisdom like Narada, Yagnyavalka and Manu. The concept of Constitutional Morality is present in the constitutional scheme, particularly in the Preamble, Part III (fundamental rights) and Part IV (Directive Principles of State policy). In the past, we used to have smritis that contained rules for social order. In fact, one notices with great profit that William D. Guthrie in âMagna Carta And RELATED ARTICLES : George Grote, an English historian,wrote an authoritative 12-volume history of Greece without ever having visited that country in the 19 th century.Constitutional morality as first discussed by Grotewas in the context of the history of Greece and, more particularly, in the attachment to constitutional forms at Athens and how this sentiment was used by Antiphon to destroy the Constitution. Constitutional morality is important for constitutional laws to be effective. This phrase of âconstitutional moralityâ, existed in the Indian Constitutional scheme since times of Dr Ambedkar, but post-1950 until recently it was in a somewhat dormant state. His invocation of Grote is meant not as a reference [...] Freedom, self-restraint, recognition of plurality and the scepticism to claims of representation Here are some excerpts from Pratap Bhanu Mehtaâs essay on on constitutional morality from the November 2010 issue of Seminar. Infect in constituent assembly Dr. B.R. The concept of Constitutional Morality is present in the constitutional scheme, particularly in the Preamble, CONSTITUTIONAL MORALITY * BY WILLIAM D. GUTHRIE The title and the text of this article were taken from Grote's History of Greece. You cannot really implement this Constitution with caste superiority complexes in your heart. The Nineteenth Century Historian of Ancient Greece, George Grote, originated the notion of 'Constitutional Morality'. The historian, reviewing the state of the Athenian Democracy in the age of Kleisthenes, points out that it became necessary at that time to create in the multitude, and through them to force upon the lead However, this concept appears to have come under severe criticism with Sabarimala Temple Case. Why is Constitutional Morality Important? ⦠Continue reading "Cultivating Constitutional Morality" Be human and believe in humanity and that is the only towards constitutional morality. How to uphold constitutional morality. Constitutional Morality - UPSC Notes Constitutional morality is an important concept that is a part of the polity segment of the UPSC syllabus. constitutional morality lies. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. In this article, you can read all about the term, its meaning and significance for the IAS exam.. Without some infusion of constitutional morality among legislators, judges, lawyers, ministers, civil servants, writers and public intellectuals, the Constitution becomes a plaything of power brokers. Constitutional Morality and its Paradigm Constitutional Morality has featured in many forms of conversations across the country starting from courts, to classes, to lecturers, to social scientists, to activists, to laywomen and men. 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