On This Article We are trying to understand the Difference between Constitutionalism And Consitutional Morality With Notable Cases.
CONSTITUTIONALISM
The concept of Constitutionalism holds that a country’s governance should be guided by a Constitution that outlines and enforces limitations on the power of the government while establishing the principles of the rule of law.
๏ท Prevention of Arbitrary Decisions:
- Constitutionalism ensures that government actions are not arbitrary but are based on established laws and principles.
- It sets clear rules and boundaries that government authorities must follow, preventing the abuse of power.
๏ท Limited Government:
- Constitutionalism promotes the idea of a limited government that operates within the confines of the constitution.
- Government powers are defined and constrained, protecting individual rights and freedoms from excessive state intrusion.
๏ท Goal of India’s Freedom Movement:
- The objective of India’s Freedom Movement was to transfer powers and sovereignty to the people of India.
๏ท Constitutional Assurance:
- The Indian Constitution upholds this goal by preventing the emergence of a spirit of totalitarianism.
- It ensures that power is not concentrated in the hands of a few but is distributed among the people.
๏ท Checks and Balances:
- The Constitution achieves this through various provisions that check and restrict the government’s authority.
- It establishes a system of checks and balances, which is fundamental to the functioning of a liberal democratic state in India.
CONSITUTIONAL MORALITY
“Constitutional morality” is a concept often invoked in legal and constitutional cases to ensure that government actions and laws adhere to the principles and spirit of the constitution.
๏ท Essential for True Democracy:
- Achieving a genuine democratic society necessitates the presence of constitutionalism.
- Constitutionalism is incomplete without the crucial element of constitutional morality.
๏ท Adherence to Constitution’s Spirit:
- Constitutional morality is the concept that โALLTHE ORGANS SHOULDADHERE TO SPIRIT AND PRINCIPLES ENSHRINED IN CONSTITUTIONโ
๏ท Term Introduced by Dr. Ambedkar:
- Dr. B.R. Ambedkar, a key figure in the Constitutional Assembly, introduced the term ‘Constitutional Morality‘ to emphasize its significance.
๏ท Important for Democracy’s Survival:
- Constitutional Morality plays a paramount role in ensuring the survival of a democratic system.
- It underlines the importance of aligning the actions of all governmental bodies with the principles laid out in the Constitution.
Notable Cases:
๏ท Navtej Singh Johar vs. Union of India (2018):
- In this case, the Supreme Court of India decriminalized homosexuality, citing constitutional morality and the principles of equality and non-discrimination enshrined in the Indian Constitution as a basis for the decision.
๏ท K.S. Puttaswamy (Privacy) vs. Union of India (2017):
- This case recognized the right to privacy as a fundamental right under the Indian Constitution. The judgment stressed the importance of constitutional morality in safeguarding individual liberties and dignity.
๏ท Keshavananda Bharati vs. State of Kerala (1973):
- This case reaffirmed the supremacy of the Constitution and established that fundamental rights cannot be altered or amended to an extent that they destroy the basic structure of the Constitution.
๏ท Maneka Gandhi vs. Union of India (1978):
- This case expanded the scope of Article 21, which deals with the protection of life and personal liberty, emphasizing that procedures established by law must be fair and just.
๏ท Sabarimala Temple Case (2018):
- In this case, the Supreme Court of India ruled that the ban on the entry of menstruating women into the Sabarimala temple in Kerala was unconstitutional. The decision highlighted the importance of constitutional morality and gender equality in religious practices.
