Constitutional Morality as a Challenge

The arrest of a serving chief minister on corruption charges brings up several legal, political, and constitutional questions. It also challenges the adherence to constitutional morality in a parliamentary democracy like India.

Allahabad High Court Judgment in Kiran Rawat vs State of UP The Allahabad High Court's ruling in the case of Kiran Rawat vs State of UP is viewed as a breach of constitutional morality. The court denied protection to an inter-faith couple in a live-in relationship from police harassment and implied that their relationship was immoral, illegal, and against personal laws.

About the Constitutional Morality

1. Constitutional morality refers to the principles and values embedded (included) in a constitution that guide the actions of both the government and its citizens.
2. The concept was introduced by British Classicist George Grote in the 19th century, who defined it as a “paramount reverence for the forms of the Constitution.” [paramount = supreme]
3. In India, Dr. B.R. Ambedkar was the 1^st to use the term.

Core Elements of Constitutional Morality

1. Constitutional Values: Uphold the core values enshrined in the Constitution, such as justice, liberty, equality, fraternity, secularism, and individual dignity.

2. Rule of Law: Ensure that everyone, including government officials, is subject to and accountable under the law.

3. Democratic Principles: Facilitate the functioning of a representative democracy where citizens participate in decision-making and hold their representatives accountable.

4. Fundamental Rights: Respect and protect the fundamental rights guaranteed by the constitution, such as equality, freedom of speech, and the right to life and personal liberty.

5. Separation of Powers: Maintain a balance of power among the legislative, executive, and judicial branches to prevent any single branch from becoming too powerful.

6. Checks and Balances: Implement mechanisms and institutions that prevent abuse of power and protect individual rights.

7. Constitutional Interpretation: Interpret the constitution in ways that promote its principles and adapt to changing societal needs.

8. Ethical Governance: Ensure ethical conduct, transparency, accountability, and integrity in public service.

Constitutional Morality and the Indian Constitution

1. The term "constitutional morality" is not explicitly stated in the Indian Constitution.
2. The concept is intrinsic (essential) to the Constitution’s core values, such as justice, equality, and liberty.
3. These values are embedded in various sections of the Constitution, including the Preamble, Fundamental Rights, and Directive Principles of State Policy.
4. The essence of constitutional morality is also evident in numerous Supreme Court judgments.

Major Judgments Upholding Constitutional Morality

1. Kesavananda Bharati v. State of Kerala, 1973: Established the "basic structure doctrine," limiting Parliament's power to amend the Constitution and ensuring its core principles remain intact.

1. This case is an early example of the court upholding the Constitution's spirit.

2. SP Gupta Case (First Judges Case), 1982: The Supreme Court recognized a constitutional breach as a severe violation of constitutional morality.

3. Naz Foundation v. Government of NCT of Delhi, 2009: Decriminalized consensual same-sex relationships between adults.

1. The court emphasized that "constitutional morality" should prevail over societal norms, protecting individual rights.

4. Indian Young Lawyers Association v. State of Kerala (Sabarimala Case), 2018: The court struck down the practice of excluding women of a certain age group from the Sabarimala temple.

1. It highlighted that "constitutional morality" encompasses justice, equality, liberty, and fraternity, which surpass religious customs that restrict women's entry.

5. Navtej Singh Johar v. Union of India, 2018: This judgment read down Section 377 of the Indian Penal Code, which criminalized homosexuality.

6. Joseph Shine vs Union of India (2018): Struck down the law on adultery, declaring it an infringement on the rights to equality, dignity, privacy, and autonomy.

7. Shafin Jahan vs Asokan K.M. (2018): Upheld the right to marry a person of one's choice regardless of religion or caste, overturning the annulment of a Hindu-Muslim marriage.

8. Shakti Vahini vs Union of India (2018): Condemned honour killings and violence against inter-caste and inter-religious couples, setting guidelines for their prevention and protection.

Challenges of Upholding Constitutional Morality

1. Absence of a Precise Definition: The concept of constitutional morality lacks a precise definition, causing diverse interpretations influenced by individual viewpoints.

2. Encouragement of Judicial Dominance: Emphasizing constitutional morality can elevate (raise) judicial authority, leading to judicial involvement in legislative functions.

1. This involvement breaches the separation of powers principle.

3. Clashes with Popular and Religious Values: Constitutional morality can sometimes oppose popular morals or religious beliefs.

1. Such clashes may trigger social unrest and opposition.
2. Notable instances include the Supreme Court's decisions on decriminalizing homosexuality and permitting women's entry into the Sabarimala temple, which faced protests from certain societal groups.

4. Impact of Political and Personal Influences: Constitutional morality can be swayed (swing) by political motives or personal biases.

1. These influences can compromise the objectivity and integrity of constitutional principles.
2. For instance, the recent changes to the appointment committee for the Election Commission of India and the amended IT Rules 2023 have faced criticism for political interference.

5. Judicial Activism vs. Judicial Restraint: Finding a balance between judicial activism and judicial restraint is challenging.

1. While judicial activism can uphold rights and constitutional values, excessive activism can intrude on executive and legislative domains.
2. Judicial activism and Judicial restraint are the two terms used to describe the philosophy and motivation behind some judicial decision.
3. Judicial activism refers to a theory of judgment that takes into account the spirit of the law and the changing times, while judicial restraint relies on a strict interpretation of the law and the importance of legal precedent.
4. Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.

6. Enforcement and Compliance Issues: Despite a strong constitutional framework, effective enforcement and adherence are challenging.

1. Problems such as implementation gaps, delays in justice delivery, and lack of public awareness about constitutional rights contribute to these challenges.

Steps Need to be Taken to Uphold Constitutional Morality

1. Clear Definition and Understanding: Establish a clear and comprehensive definition of constitutional morality to provide a solid foundation for its interpretation and application.

2. Public Awareness and Education: Promote public awareness and education about constitutional morality.

1. Enhance civic education, conduct public discussions, and engage with various stakeholders to foster a deeper understanding of its principles.

3. Judicial Restraint and Respect for Separation of Powers: Focus on judicial restraint and respect for the separation of powers to address concerns about judicial supremacy.

1. The judiciary should exercise caution in legislative matters and maintain a balance between upholding constitutional values and respecting other branches of government.

4. Strengthening Institutions:

1. Uphold constitutional morality by strengthening the independence, integrity, and effectiveness of institutions like the Election Commission, National Investigation Agency (NIA), and Central Bureau of Investigation (CBI).
2. Ensure transparent appointments, reduce political interference, and enhance accountability mechanisms.

5. Promoting Civic Education: Increase public awareness and understanding of constitutional rights and values, especially among the youth.

1. Implement civic education programs in schools and colleges to instil (inculcate) a sense of constitutional responsibility and empower citizens to participate meaningfully in democratic processes.

6. Enhancing Access to Justice: Improve access to justice, particularly for marginalized and vulnerable communities, to uphold constitutional principles.

1. Expand legal aid services, reduce judicial backlog, simplify legal procedures, and promote alternative dispute resolution mechanisms.

7. Encouraging Ethical Leadership: Promote ethical leadership and governance practices at all levels to uphold constitutional values.

1. Leaders and public officials should demonstrate integrity, accountability, and a commitment to serving the public interest, setting a positive example for society.

8. Adapting to Evolving Challenges

1. Continuously adapt legal and institutional frameworks to address emerging challenges to constitutional morality.
2. These include technological advancements, globalization, and environmental concerns, ensuring relevance and effectiveness.

Do Chief Ministers in India Lack Immunity from Arrests? Constitutionally, only the President of India and Governors of states have immunity from civil and criminal proceedings until their terms conclude. Article 361 of the Constitution states that these officials are not liable to any court for acts performed in their official duties. This immunity does not extend to Prime Ministers or Chief Ministers, who are subject to the principle of equality before the law as advocated by the Constitution. However, arrest alone does not lead to disqualification.