The statement quoted at the head of this article was one made by one of the “founding fathers” of this great nation. It is fashionable among college professors, journalists, and politicians these days to sneer at the free-enterprise system. If this is not recognised, constitutional jurisprudence could suffer. Below are some of the observations made by the Judges: Only Constitutional morality and not social morality can be allowed to permeate rule of law. Section 377 is arbitrary. In an unanimous judgement, five judge Constitutional bench of Indian Supreme Court declared section 377 of India Penal Code, a colonial legacy which criminalise homosexuality unconstitutional. Constitutional morality means adherence to the core principles of the constitutional democracy. Narayanan December 24, 2019 00:05 IST Updated: December 23, 2019 23:19 IST M.K. What constitutes constitutional morality? The debate about the correct interpretive approach has its basis on the distinction between arriving at the intention of the Constitution-makers, on the one hand, and the meaning of the document in its context, on the other. E.g Constitutional morality means adherence to the core principles of the constitutional democracy. He is an MD, specialised in Internal Medicine and works in Kerala , India. "Constitutional morality cannot be martyred at the altar of social morality." Our Constitution proclaims a society that is equal and consonant with civil and political fundamental rights, environmental rights and socio-economic rights. A hierarchy of rights cannot be countenanced because rights are indivisible and inter-related. Time and resource constraints may also be a factor. You have reached your limit for free articles this month. A select list of articles that match your interests and tastes. Post was not sent - check your email addresses! He was a man of integrity and a God-fearing leader. Let heaven falls, but justice shall triumph! The Constitution’s mandate was to remove those chains so that people of this country enjoy justice—social, economic and moral. 1 & 2, 2020 1729). History owes an apology to those who have been persecuted and socially ostracised because of Section 377. I would suggest, and the writer might agree, that all the values of the Constitution and all the rights contained in it are of fundamental and equal significance. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Even though Supreme Court did not consider the issue of same sex marriage, there are enough signs in the judgement to indicate that in not so far away future it will be legalised. I would have hoped that the book would have been shorter to be more accessible so that role players who are important in the various sectors would have been able to benefit from it completely even if they were not academically inclined. I have also not studied the numerous documents relied upon. this talk deals upon recent ambiguities regarding judicial activism and religious practices . This site uses Akismet to reduce spam. We brief you on the latest and most important developments, three times a day. But it cannot be doubted that the wider a court goes in taking into account contextual material to interpret a Constitution the greater the possibility that the final judgment of a court would reflect and represent a dynamic and living Constitution able to provide creative and transformative solutions to the problems that need to be addressed. India ‘totally’ responsible for LAC situation: China, ‘Thalapathy 65’: Vijay teams up with Sun Pictures and director Nelson, Dilli Chalo | Government asks farmer unions to reconsider its proposal, The road taken: On Chennai-Salem greenfield highway, The reality of an India at the crossroads, Cattle, buffalo meat residue found in Indus Valley vessels, Coronavirus | SII, Bharat Biotech emergency vaccine authorisation on hold. The extraordinary level of material prosperity achieved by the capitalist system over the course of the last two-hundred years is a matter of historical record. The LGBT community possesses rights like others. Majoritarian views and popular morality cannot dictate constitutional rights. The Supreme Court reminded us that “social morality” or morality of the majority do not trump over the country’s Constitution, which gives equal rights to everyone. We have been keeping you up-to-date with information on the developments in India and the world that have a bearing on our health and wellbeing, our lives and livelihoods, during these difficult times. They cannot be pushed into obscurity by an oppressive colonial legislation. Your support for our journalism is invaluable. Today, September 6, 2018 was a historical day for India. And it must be emphasised that, unlike an ordinary commercial or delictual case, the court contest on constitutional rights often involves vulnerable communities and societies that comprise millions of people. 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I am not an expert on any of these disciplines nor do I know enough of the jurisprudence of India to comment on the correctness of specific facts or opinions set out in this monumental work. And that is Ms Kannabiran's plea, support and argument for intersecting grounds of discrimination as well as analogous grounds. Learn how your comment data is processed. I did wonder whether Ms Kannabiran's reference to Dr. Ambedkar was an attempt to go back to the approach of interpretation which relies on the intention of the lawmaker or whether the views of Dr. Ambedkar are referred to in the context of an expert. Safeguarding constitutional morality M.K. It sets forth the framework and the limitations of government, but it does not seek to define morality. Let us hope that in all other issues also the Court will ensure that Constitutional morality eventually triumph over majoritarian morality. We live in a time when most people act immorally since they don't have a society based system of morals. The work postulates a distinction between non-discrimination and equality and a kind of synthesis between non-discrimination and liberty. The term has been used as a dichotomy against the idea of ‘social morality’ or popular opinion, seeking to… Study of Social Exclusion and Inclusive Policies ; Kalam Books; PDS; LGBTQIA; Social Innovation; health management; hospital management; View All; Your lists; Log in to create your own lists; Log in to your account; Home; TISS Home; Library Home ; E-Resources. Are IT project managers facing an existential crisis? This essay argues that the information revolution is creating new social imaginary, a term defined by the philosopher, Charles Taylor, to refer to the commonplace way that social relations and expectations are imagined. That, as I understand it, is a distinction between the nature of society, its value system, morality, well-being, inclusiveness and peacefulness, contemplated by the Constitution, on the one hand, and societal morality, on the other. For two hours everyone heard him with rapt attention and admiration. Enjoy reading as many articles as you wish without any limitations. *Our Digital Subscription plans do not currently include the e-paper, crossword and print. He also pointed out that it is not the job of the judges to go by popular opinion. The provision of IPC had resulted in collateral effect in that consensual sex between LGBT persons is criminalised, and is violative of Article 14, Supreme Court, This case is much more than just decriminalising a provision It is about an aspiration to realise constitutional rights and equal existence of LGBT community as other citizens. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. 52 • Volume XXXIII, Nos. To enable wide dissemination of news that is in public interest, we have increased the number of articles that can be read free, and extended free trial periods. Kalpana Kannabiran's book, Tools of Justice: Non Discrimination and the Indian Constitution (Routledge, Taylor & Francis Group), a thesis of 500 pages, aims to make a contribution towards the achievement of a constitutionally acceptable order in India. Subscribe to The Hindu now and get unlimited access. Despite the centrality of the Constitution to our social and political life, it has been ill-served by our historical imagination. We would in South Africa too take into account the values and purpose of our Constitution. I may say that I favour this approach without qualification. Why is WhatsApp scared of disclosing what data it collects? There is no doubt that non-discrimination and liberty are important components of the process. Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list. Wade, as well as examining the and social, moral and political debates that the case has impacted upon. It is in this sense that the methodology adopted by Ms Kannabiran is both useful and significantly powerful. Constitutional morality is not by any means social or ideological morality," Khurshid said. The judgement underlines the progressive nature of Indian Constitution of 1950 created by Ambedkar and Nehru in the background of the freedom movement. They tell us that capitalism is base, callous, exploitative, dehumanizing, alienating, and ultimately enslaving. It goes without saying that a poor Dalit deaf lesbian woman on a wheelchair is far more vulnerable and in greater need of constitutional protection than a female university teacher who has all her faculties and who is part of the “dominant” classes. Without constitutional morality, the operation of the constitution tends … Non-discrimination may also be regarded as the vehicle towards the achievement of equality. There may be a different approach. Constitutional morality is crucial for constitutional laws to be effective. The Hindu has always stood for journalism that is in the public interest. 2013] REASON, MORALITY, & CONSTITUTIONAL COMPLIANCE 1385 cannot be assumed but must be defended law by law.17 Then, Professor Greene argues that the government should grant exemptions to some of its restrictive laws.18 That is a moral, not a legal, argument, which presupposes that the government has a moral right to demand compliance with the laws in question. A common theme running through the opinions was that the values enshrined in the Constitution are independent of prevailing social values. The writer advances an approach which may be said to be different from that adopted by the courts in India and emphasises the need to take into account the values and purpose of the Constitution. (Z.M. Yet, if freedom is qualified by equality in the sense of everyone being entitled to an equal freedom, the achievement of an equal society would then be modulated by appropriate management of the tension between freedom and equality. But very few people are willing to defend capitalism as morally uplifting. The entrepreneur is therefore above all else a man o… Ms Kannabiran's work is concerned with the complex, difficult and obstacle ridden route from societal morality to the achievement of the constitutional morality. Constitutional morality here went against social morality that discriminates against women based on biological reasons like menstruation. Hindu Right wins Indian election with more seats and votes, The story so far of “New” Atheism from Kerala, Constitutional morality triumphs over Societal morality.