'Constitutional Morality is a significant pillar of the Indian Democracy.' Examine.

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Ghissu Editorial · Accepted Answer

Constitutional morality, Ambedkar's idea of fidelity to justice, liberty, equality and fraternity over passing majorities, is a key pillar of Indian democracy because it protects rights and minorities and keeps institutions accountable. Courts have applied it in Kesavananda Bharati, Puttaswamy (2017) and Navtej Singh Johar (2018).

**Introduction**

Constitutional morality⟦2⟧⟦1⟧ underpins Indian democracy by enforcing constitutional ideals⟦3⟧ like justice, liberty, equality, and fraternity, transcending majoritarianism and popular sentiment. It ensures that democratic governance respects the Constitution’s core values rather than yielding to transient social or political pressures.

**Concept and Constitutional Foundations**

SKETCH: mindmap | Constitutional Morality in Indian Democracy
- Protection of Fundamental Rights
- Democratic Ethos and Institutions
- Social Justice and Pluralism
- Judicial Interpretation and Challenges

1. **Embedded Constitutional Values**: Rooted in the Preamble, Fundamental Rights (Articles 14, 19, 21), and Directive Principles, constitutional morality guides governance and lawmaking by embedding justice, liberty, equality, and fraternity as non-negotiable principles.

2. **Ambedkar’s Vision**: Dr. B.R. Ambedkar highlighted constitutional morality as a cultivated virtue necessary for democratic governance in a diverse society. He warned that popular morality alone cannot safeguard constitutional ideals, emphasizing the need for a collective commitment to constitutional values.

**Constitutional Morality as a Pillar of Indian Democracy**

1. **Judicial Interpretation**: The Supreme Court’s Kesavananda Bharati (1973) basic structure doctrine and Puttaswamy (2017) privacy judgment reflect constitutional morality’s dynamic nature, adapting constitutional principles to evolving social realities while preserving foundational values.

2. **Protection of Rights and Pluralism**: It safeguards minorities and vulnerable groups, evident in Navtej Singh Johar (2018) decriminalizing homosexuality and Shafin Jahan (2018) upholding an adult’s choice of partner, embodying liberty and inclusive governance.

**Significance and Implications**

2. **Ethical Governance and Accountability**: Constitutional morality demands transparent public service and ethical conduct from officials, fostering trust and legitimacy in governance through ethical conduct and effective implementation.

**Conclusion**

Constitutional morality is vital for balancing majority rule with minority rights, ensuring ethical governance and constitutional supremacy in Indian democracy. It sustains democratic institutions and pluralism by embedding constitutional values at the heart of governance.

'Constitutional Morality is a significant pillar of the Indian Democracy.' Examine.

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