Constitutional morality in its strictest sense of the term implies strict and
complete adherence to the constitutional principles as enshrined in various
segments of the document. When a country is endowed with a Constitution, there
is an accompanying promise which stipulates that every Member of the country
right from its citizens to the high constitutional functionaries must idolise
the constitutional fundamentals.
This duty imposed by the Constitution stems from the fact that the Constitution
is the indispensable foundational base that functions as the guiding force to
protect and ensure that the democratic set-up promised to the citizenry remains
unperturbed. The constitutional functionaries owe a greater degree of
responsibility towards this eloquent instrument for it is from this document
that they derive their power and authority and, as a natural corollary, they
must ensure that they cultivate and develop a spirit of constitutionalism where
every action taken by them is governed by and is in strict conformity with the
basic tenets of the Constitution.
Constitutional and political morality are two governing pillars that define the
ethical framework of a democratic society. Constitutional morality demonstrate a
deep commitment to the values enshrined within a country’s constitution, like
justice, liberty, equality, and respect for diversity. It calls upon citizens
and leaders alike to go beyond the meaning of mere adherence to the written law,
urging them to live by the spirit of the constitution. By fostering these
principles, constitutional morality keeps democratic ideals vibrant and
adaptable to the evolving needs of society.
Political morality, in contrast, focuses on the ethical conduct of political
leaders and public officials, emphasizing integrity, accountability, and a sense
of duty toward the common good. It underlines the importance of honest
governance, where actions are transparent and decisions are made in the public’s
best interest, rather than for personal or partisan gain.
Together, constitutional and political morality serve as a moral compass for
democratic governance. While constitutional morality provides the ethical
foundation, political morality ensures that these principles are brought to life
in practice. This alignment strengthens public trust, upholds democratic values,
and reinforces the legitimacy of governance in a modern democracy.
The term "
Constitutional Morality" (CM) describes the principles and
ideas that underlying a constitution and serve as a guide for the conduct of
both the people and the government. British scholar George Grote originally used
the term in his twelve-volume book A History of Greece. Grote spoke about
Cleisthenes, a politician who is considered the father of Athens' democracy, and
his improvements to the Athenian Constitution. CM is a "paramount reverence for
the forms of the Constitution" of the nation, according to him. Dr. B.R.
Ambedkar was the first person in India to use the word.
Political ethics (sometimes called political morality or public ethics) is the
practice of making moral judgments about political action, and the study of that
practice. It is separated into two branches as an area of study, each with
unique issues and overlapping but distinct literatures. One subfield, process
ethics (or the ethics of office), focuses on public servants' practices.
The alternative judgments are the focus of the ethics of policy branch, often
known as ethics and public policy about laws and policies. Political ethics
further asks what conclusion should be adopted as policy and coercively enforced
as law when citizens reasonably disagree about the values at stake, or when they
belong to different communities and nations. In addition, some work in political
ethics criticizes the methods of policy making.
This assignment seeks to examine the ideas of constitutional morality and
political morality, exploring their significance in fostering democratic values.
It will analyze how these two moral frameworks influence the way laws are made
and policies are implemented, highlighting both their harmony and their
occasional tension. Through examining real-life examples and case studies, the
assignment will showcase how political decisions either uphold or challenge
constitutional principles. In the end, the focus will be on finding a balance
between these two moralities, ensuring that the fundamental ideals of justice,
equality, and freedom are preserved while supporting effective and ethical
governance.
Conceptual Framework
Constitutional Morality
We have already discussed the meaning of the above phrases, which are
neither explicitly mentioned nor explained anywhere in the grundnorm book of
the country i.e. the Constitution of India. When we go through the actual
meaning and wordings of the terms, then we are able to unlock the minds of
the masses.
The judiciary has created numerous innovations that are not explicitly
mentioned in the constitutional text. By reading between the lines, they
introduce new concepts from time to time to preserve constitutionalism and
uphold the core principles of the constitution. Examples of such inventions
include the "basic structure" doctrine, the "doctrine of eclipse," the
traditional concept of "arbitrariness," the modern notion of "manifest
arbitrariness," and the "classification test." All of these serve as
illustrations of the same. The latest addition to the series of judicial
innovations, which is steadily gaining significance and being repeatedly
emphasized by the judiciary, is the Doctrine of Constitutional Morality.
Constitutional morality is a broad concept with many interpretations, partly
because it lacks a precise definition and was established by the judiciary
to protect the core values of the Constitution. Much like purposive
interpretation, which judges apply case by case to deliver justice,
constitutional morality is subjective and varies across legal contexts. The
idea can be traced back to the 19th-century British historian George Grote,
who studied ancient Greece. For Grote, constitutional morality embodied a
cultural respect and sense of duty among citizens, fostering harmonious
governance and the smooth functioning of the state.
In India, the term "Constitutional Morality" was first introduced by Dr. B.R.
Ambedkar, the principal architect of the Constitution. During the debates in
the Constituent Assembly, he highlighted this concept, stating that
‘Constitutional morality is not a natural sentiment. It has to be
cultivated… Our people have yet to learn it. Democracy in India is only a
top-dressing on an Indian soil, which is essentially undemocratic.’
Political Morality
Political morality is the study and application of ethical principles within
the field of politics, serving as a guiding framework for evaluating the
legitimacy, justice, and accountability of political actions, decisions, and
institutions. Given that politics profoundly impacts society by shaping
laws, policies, rights, and freedoms, political morality is essential to
ensure that these decisions benefit society fairly and justly.
Justice and fairness form the cornerstone of political morality, ensuring
that resources, opportunities, and rights are distributed equitably and that
all individuals are treated with respect and dignity. Another critical
component is accountability, which holds public officials and politicians
responsible for their actions.
Political morality demands transparency and a willingness to answer for
abuses of power or decisions that fail to serve the public interest. In
addition, political systems must derive legitimacy from the consent of the
governed, meaning that governments are ethically bound to respect democratic
processes, encourage public participation, and act in ways that reflect the
will of the people.
Respect for rights and freedoms is also a key aspect of political morality,
as it ensures the protection of fundamental liberties, such as freedom of
speech, privacy, and fair treatment under the law. These rights shield
individuals from arbitrary power and create a foundation for a just and
equitable society. Political morality also insists that leaders prioritize the
public good over personal gain, discouraging corruption, favoritism, and
nepotism to foster a culture of integrity in governance. Additionally, it
requires balancing power with responsibility, where leaders consider both
current and future societal needs in their decisions, such as in environmental
or economic policies.
In practice, political morality can be challenging due to conflicting interests,
complex issues, and ethical dilemmas. Leaders must often balance national
security with individual freedoms, or economic growth with environmental
preservation. Ultimately, political morality lays the foundation for ethical
governance, urging leaders to pursue justice, accountability, and respect for
human dignity so that politics serves the public good and upholds essential
societal values.
Key Differences And Interrelations
Constitutional morality is all about following the core values and principles
laid out in a country’s constitution, such as justice, equality, and freedom.
This concept ensures that everyone in government respects and upholds these
foundational principles, even if it means going against popular opinion.
Constitutional morality acts as a guide to make sure laws and government actions
protect individual rights and don’t misuse power.
For example, if a law is widely popular but violates basic rights,
constitutional morality would call for it to be changed or removed. This form of
morality is enforceable, meaning it’s backed by the courts, which can step in to
correct actions that go against the constitution. Overall, constitutional
morality creates a framework for fair and just governance, helping prevent
government abuse and preserving citizens’ rights.
On the other hand, Political morality, is about the ethical behavior and
intentions of politicians and political parties. Locke, for example, writes:
"every man, by consenting with others to make one body politic under one
government, puts himself under an obligation to every one of that society to
submit to the determination of the majority, and to be concluded by it; or else
this original compact, whereby he with others incorporates into one society,
would signify nothing, and be no compact if he be left free and under no other
ties than he was in before in the state of nature". It’s shaped by what society
expects from its leaders, including honesty, accountability, and a commitment to
the public good.
Political morality isn’t enforced by law; instead, it depends on the personal
values and integrity of politicians. It includes things like avoiding divisive
language, being truthful, and focusing on what’s best for society, even if it’s
not politically convenient. For instance, a leader who decides not to spread
false information during an election campaign, even if it would help their
popularity, is acting with political morality. This kind of morality is
essential for building public trust and fostering a positive political culture,
though it can’t be legally enforced.
In short, constitutional morality is a legally binding commitment to uphold the
constitution’s principles, ensuring government respects individual rights and
democratic values. Political morality is the ethical compass guiding
politicians’ actions in line with the public good, though it relies on personal
integrity and social expectations rather than legal enforcement. Constitutional
morality keeps government actions fair and just, while political morality
encourages leaders to act responsibly and ethically within the political space.
Both are essential for a healthy democracy: one to enforce the law, and the
other to build trust and integrity in leadership.
Case Laws In Context Of Constitutional And Political Morality
Morality is defined as the subjective interpretation of a person or a society on
what is right and wrong. In simple words, it can be termed as a set of rules and
regulations that enables the people to live cooperatively in society. Morality
is the morals or ethics that distinguish between good and evil. It is the idea
that a person's behavior is either right or wrong in a moral sense. Morals are
learned from society and the family.
- In Navtej Singh Johar v. Union of India case, The landmark
rulings of the Hon'ble Supreme Court, in which the five-judge bench took a
progressive and transformative stance, played a key role in reinterpreting
Section 377. The Court framed its judgment based on three fundamental
principles: transformative constitutionalism, constitutional morality, and
the right to privacy. Archaic Section 377 could not stand when it was put
against these three principles. Chief Justice of India Dipak Misra said that
‘the concept of Constitutional morality doesn't restrict itself to the
literal texts and provisions of the Constitution. The idea is not the mere
observance of the core principles of constitutionalism'. Instead, it paves
the way to make society more pluralistic and inclusive.
Our Constitution of India aims to secure our fundamental rights that foster
the spirit of growth and development of citizens in society. When our Indian
Constitution was adopted, the concept of Constitutional morality was
envisaged so that all the three organs of government, i.e., Judiciary,
legislature, and Executive, would practice it to keep it alive to maintain
heterogeneous fiber in the society. Any attempts to make society uniform,
homogeneous with a standardized philosophy would undoubtedly violate the
principle of Constitutional morality. Hence, it becomes the duty of the
organs of the state to ensure that majoritarian principles do not affect the
policy decisions in such a manner that one group is excluded and their
rights are violated.
- In Government of NCT of Delhi v. Union of India and Ors., The
Court observed that "Constitutional morality, properly understood, refers to
the morality embedded within the core principles and conscience of the
Constitution. For any act to be justified, it must have the capacity to
align with the fundamental spirit of the Constitution." The values derived
from the Constitution must be upheld by the courts, which must make
decisions based on the law rather than the opinions of the public. It is the
duty of courts to not get influenced by the majoritarian views prevailing in
society. Section 377 of the Indian Penal Code challenges the notions of
social morality and popular opinions that have no validity in law. Anything
that is not legally valid should not be allowed to crush the spirit of
Constitutional morality.
The principle of Constitutional morality can guide the courts to decide in a
just and fair manner for all the sections of the society, even if the
population of that section is relatively small. The fundamental rights are
guaranteed to every citizen of India, and the State must ensure that they
are not being violated.
- In case of Shrimanth Balasaheb Patil v. Karnataka Legislative
Assembly, it was contended that the constitutional morality should never
be replaced by political morality, in deciding what the Constitution
mandates. Constitution requires the constitutional machineries to make,
their actions which uphold constitutionalism and constitutional morality. In
this regard, a functionary is expected to not be vacillated by the
prevailing political morality and pressures.
With this issue in mind, political ethics in a democracy looks at all of
these policy areas: what impact should democratic politics have? Those
conditions include the requirement for group choices that are enforceable
against all residents, given the range of political and moral opinions in
contemporary societies. People are entitled to an equal say in policy decisions,
yet in a They have fundamental disagreements on the best policies in a
pluralistic society.The fact that says that even if we think a policy is good,
we need think about whether in
It should be changed in light of the dispute, a different policy should be
implemented, or There are permitted exceptions.
Conclusion:
Constitutional morality and political morality are both crucial for a
functioning democracy, but they serve different roles. Constitutional morality
ensures that the government and laws follow the principles set out in the
Constitution, such as justice, equality, and freedom. It is enforceable by the
courts and provides a legal framework to protect individual rights and
democratic values. For example, even if a popular law goes against the
Constitution, constitutional morality demands it be corrected to uphold
fundamental rights.
Political morality, on the other hand, focuses on the ethical conduct of
political leaders. It emphasizes qualities like honesty, accountability, and
transparency. Political morality guides leaders to act in the public’s best
interest, even if it means going against their personal or political gain.
However, political morality is not legally enforceable; it relies on the
integrity of politicians and public expectations.
The two types of morality are closely connected. While constitutional morality
is legally binding, political morality fosters trust and integrity in
governance. Both ensure that the government serves the people fairly, respects
rights, and upholds democratic values. In practice, there can be tension between
them, especially when political pressures conflict with constitutional
principles. However, for a healthy democracy, both must be
balanced—constitutional morality ensures fairness and justice, while political
morality ensures ethical leadership and public trust. Together, they help build
a strong, accountable, and just system of governance.
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