CONSTITUTIONAL MORALITY I BPSC MAINS I GS - II

Core Concept & Definition Constitutional Morality: Adherence to the core principles, text, and values enshrined in the Constitution rather than prevailing social traditions or majority viewpoints. Social Morality vs. Constitutional Morality: Social morality follows societal norms, traditions, and majority opinions. When conflict arises, constitutional morality must prevail to safeguard individual rights and the rule of law. Dr. B. R. Ambedkar's Perspective: Noted that constitutional morality is not a natural sentiment; it must be cultivated and nurtured through practice and governance. Key Features Rule of Law: Every citizen and institution is equal before the law. Diversity & Pluralism: Safeguarded by constitutional provisions like Article 25, 29, 30 (religious & minority rights), and Article 350B (primary instruction in mother tongue). Peaceful Resolution of Disputes: Uses statutory mechanisms (e.g., Zonal/Regional Councils under SRA 1956, Inter-State River Water Disputes Act 1956) for non-violent dispute resolution. Separation of Powers: Enshrined under Article 50 (a basic structure feature) to ensure legislative, executive, and judicial checks and balances. Eradication of Discrimination: Promoted through constitutional rights (e.g., Article 17) and affirmative action/reservations. Key Judicial Precedents (Practical Applications) Navtej Singh Johar v. Union of India (2018): Decriminalized Section 377 (homosexuality) under Article 21, prioritizing constitutional morality over social prejudice. Sabarimala Temple Case (2018): Permitted entry of women into the temple, upholding Articles 14, 15, and 21 over traditional social customs. Shayara Bano v. Union of India (2017): Struck down Triple Talaq as unconstitutional under Article 21 for violating gender justice and equality. Joseph Shine v. Union of India (2018): Decriminalized adultery (Section 497 IPC), protecting individual autonomy and personal liberty under Article 21. NJAC Judgment (2015): Struck down the National Judicial Appointments Commission to protect judicial independence and separation of powers (Article 50). Significance Promotes gender justice and eradicates systemic discrimination. Protects fundamental rights (Articles 13, 32, 226) and minority rights (Articles 25, 29, 30). Strengthens democratic values, federalism, secularism, and fraternity. Drives progressive constitutional evolution and protects human dignity and personal liberty. Challenges & Concerns Lack of Definition: It is not explicitly defined in the Constitution, leading to subjective interpretation. Judicial Overreach: Excessive reliance by judges can undermine the legislative function and dilute the democratic mandate. Constitutional Morality BPSC Mains, Constitutional Morality Polity GS 2, Social Morality vs Constitutional Morality, BPSC GS Paper 2 Indian Polity, Constitutional Morality Supreme Court Judgments #BPSC #BPSCMains #BPSCPreparation #BPSCUnscripted #UPSCGS2 #IndianConstitution#RuleOfLaw #FundamentalRights #SocialMorality #NavtejSinghJohar #SabarimalaCase #SeparationOfPowers #DrAmbedkar