Paper: GS – II, Subject: Polity, Topic: Evolution of Constitution, Issue: The Essence of Constitutional Morality.
Context:
Constitutional morality is described as a dynamic concept that evolves with societal changes. It emphasizes the importance of upholding constitutional principles in the face of contemporary issues, particularly regarding the erosion of public faith in the judiciary and the impact of majoritarianism on minority rights.
- This notion was invoked during the Constituent Assembly debates by Dr. B.R. Ambedkar, who emphasized the need for moral adherence to constitutional principles.
Key Takeaways:
Evolution Over Time:
- The meaning of constitutional morality has shifted from civic virtue to institutional restraint, and now includes a defense against majoritarianism and technological dominance.
- The interpretation of constitutional morality must adapt to contemporary issues, particularly concerning minority rights.
Current Challenges in the Judiciary:
Breakdown of Constitutional Machinery:
- There is a complete breakdown of constitutional machinery in India.
- The dominance of the executive over the legislature has silenced opposition voices, leading to a skewed interpretation of justice.
Judicial Response:
- The judiciary faces criticism for its reluctance to address communal statements made by political leaders. This inaction undermines the principle of justice without fear or favor.
Erosion of Public Faith in the Judiciary:
Corruption in the Judiciary:
- The presence of corruption within the judiciary has contributed to a decline in public trust.
- The inclusion of judicial corruption in educational materials reflects a broader societal perception of institutional failure.
Selective Criticism:
- There is inconsistency in addressing corruption, as the judiciary is criticized while the political system remains largely unexamined.
- This selective narrative aims to intimidate the judiciary and further damage its credibility.
Defense of Minority Rights:
Historical Context:
- Minority rights have been present since the Constituent Assembly, albeit subtly. The blatant expression of majoritarianism has intensified post-2014, reflecting a shift in the political landscape.
Impact of Majoritarianism:
- The success of majoritarian policies in states like Gujarat has set a precedent that is being replicated nationally.
- This trend poses a significant threat to the rights of minorities and the foundational principles of the Constitution.
Conclusion:
Debates on constitutional morality highlight the judiciary’s urgent need to remain independent and impartial. Protecting minority rights, resisting political influence, and upholding constitutional values are essential to restore public trust and ensure justice.
Source: (The Hindu)
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