Contemporary relevance of Dr. B.R. Ambedkar’s concept of constitutional morality
According to Dr. B.R. Ambedkar, ‘Constitutional Morality’ entails the effective co-ordination of conflicting interests among individuals as well as the administration collaboration required to overcome conflicts peacefully without any clash between the various factions pursuing their aims at whatever expenditures. Constitutional Morality is a concept that is hardly novel. It is mainly enshrined within Constitution themselves, including in the part on Fundamental Rights (Articles 12-35), the Directive Principles of State Policy (Articles 36-51, the Preamble and Fundamental Duties (Article 51-A). The Supreme Court has not defined the phrase clearly, leaving it up to subjective interpretation through individual judges. Such highest level perspective to morality may jeopardise the organic formation of solutions to society’s persistent ethical challenges infringes on the principle of Independence of Judiciary. It establishes the dominance of the judiciary over the legislative branch against the fundamental tenets of democratic government. The application of this concept, it is said, constitutes judicial over-reach, pitting ‘Constitutional Morality’ against “societal/popular morality.” Constitutional Morality is founded on the principles of liberty and self-restraint. Self-control was a necessary condition for preserving liberty under a properly constituted government. To maintain constitutional morality, constitutional techniques must be employed to accomplish societal and economical goals commitment to the Constitution’s values and ambitions. The courts have established progressive as well as monumental precedents in recent years by applying this theory to situations involving gender fairness, organizational legitimacy, better peer and restraining authoritarianism and other evils.