CONSTITUTIONAL MORALITY

CONSTITUTIONAL MORALITY

Introduction

1. Ambedkar: Constitutionalism should not be through direct action, rather by making constitutional institutions more stronger
2. Pratap Bhanu Mehta
   
   : idea of constitutional morality can be understood by Ambedkar's speech given at constituent assembly
1. constitutional morality is what endures constitution
2. George Grote's
   
   : constitution survives because of adherence to constitutional morality
3. Ambedkar clarified that constitutional morality needs to be separated from 
1. substantive morality or ideals found in constitution
2. conventions or the norms
4. it is adherence to constitutionalism. need to follow constitutional principles for the sake of constitution by all sections of society
5. why constitutional morality has important role in india?
1. grammer of anarchy speech: due to disunity, self interest over collective interest, we may loose independence again
6. india is diverse and solution to problems through democratic means only
1. political democracy without social and economic can't be sustained
2. against hero worship
3. democracy is top soil in india. basic structure is undemocratic
4. democracy has to be nurtured
5. believed in pluralism of difference of opinion rather than of identity
7. constitutional morality can be compared to Rawl's concept of overlapping consensus in a state of political pluralism
8. Granville Austin
   
   : constitution is document of social revolution. its aim is to transform society into modern. 
1. constitution is cornerstone of nation and thus so far 'constitution exist, nation exist'
9. Ambedkar- any constitution can become good if political parties give preference to constitutionalism over narrow interest
10. constitutionalism is the only way to avoid slavery and revolution
11. Michael Kirby and Ramesh Thakur in an article: Constitutionalism is the modern political equivalent of Rajdharma, the ancient Hindu concept that integrates religion, duty, responsibility and law.