Constitutional Morality UPSC. Social Morality UPSC. Constitutional Morality vs Social Morality UPSC.
Table of Contents
Constitutional Morality UPSC
Constitutional morality refers to the core principles, values standards of morality enshrined in the constitution, such as rule of law, individual rights, democratic governance, justice, equality, freedom, and respect for diversity. It involves not only following the letter of the constitution but also upholding its spirit and the values it enshrines.
Dr. B.R. Ambedkar, the principal architect of the Indian Constitution, highlighted the importance of constitutional morality. He suggested that in a democracy, constitutional morality entails not just faith and reverence for the constitution, but also an attitude of respect towards the rights and freedoms of all individuals, even when their exercise may not align with majoritarian views or norms.
Importance of Constitutional Morality:
- Adherence to CM increase public trust in government institutions.
- Necessary to Promote Social Justice and Equality by eliminating discriminatory practices (e.g., Sabarimala Temple Entry Case)
- To reducing arbitrariness and upholding the Rule of Law
- To Protect of Rights and Freedoms of individual against state and society
- Source of Guidance for government and administration
- Balance of power by providing separation of power
- Provide a framework for conflict resolution
Challenges to Constitutional Morality:
- Populism (like freebees, policy of appeasement etc.)
- Judicial overreach (where courts intervene excessively in executive or legislative matters) or judicial passivity (where courts fail to act against constitutional violations) can undermine constitutional morality
- Misinterpretation of constitution due tolacks of clear boundaries
- Corruption
- Weak Institutional Frameworks can erode constitutional morality.
- Social Morality like opposition of UCC and patriarchy undermine gender equality
- Religious traditions like oppositions of temple entry for women and lower caste, child marriage etc.
- Lack of Critical thinking and Public Awareness
- Low level of Civic Engagement
- Loopholes in legal system like in dowry prohibition act, 1961, dowry is ban but gifts are allowed
- Biased media
Addressing Challenges:
- Strengthening Institutions
- Public Education and Awareness about constitutional rights and principles
- Balancing Populism and Constitutionalism
- Anti-Corruption Measures
- Judicial Training and Independence
- Encouraging Civic Engagement
Social Morality UPSC
Social Morality or Social norms are the unwritten norms, values, and standards that are prevalent within a society. They are like social expectations about how individuals should behave in specific social contexts. Social norms are culturally dependent and can vary significantly across different societies and groups. They govern everyday interactions and social behaviour through social sanctions and community expectations.
Example – Honesty and Trustworthiness, Respect, Helping Others, Cooperation and Reciprocity
Similarity between Constitutional Morality and Social Morality UPSC:
- Generally, both constitutional and social morality are based on some ethical principles
- Both sets of moralities influence individual and collective behaviour
- Both are dynamic and evolve over time
- constitutional morality also recognizes religious morality in India. Article 25 to 28
Difference between Constitutional Morality and Social Morality UPSC:
| Constitutional morality | Social morality |
| Derives from the constitution, legal principles, and judicial interpretations | Derives from societal norms, cultural practices, and communal beliefs |
| Guides actions in the public and legal domains | Influences everyday social interactions |
| Enforced through legal mechanisms, including courts and judicial review | Enforced through social mechanisms such as peer pressure, community expectations, and informal sanctions |
Interrelationship between Constitutional Morality and Social Morality UPSC:
- Constitutional and social morality are interrelated and often influence each other. Constitutional morality can shape social morality by establishing legal standards that impact societal values (e.g., laws promoting gender equality).
- Conversely, social morality can influence constitutional morality by pushing for legal reforms and constitutional amendments reflecting changing societal norms (e.g., the abolition of untouchability in India).
Conflict between Social and Constitutional Morality UPSC:
- Conflicts can arise when social norms contradict constitutional values (e.g., opposition of UCC, Sabarimala Temple Entry Case).
- Populism (like freebees, policy of appeasement etc.)
- Corruption
- Lack of Critical thinking and Public Awareness
- Low level of Civic Engagement
- Religious traditions like oppositions of temple entry for women and lower caste, child marriage etc.
- Loopholes in legal system like in dowry prohibition act, 1961, dowry is ban but gifts are allowed
- Biased media
Resolution of Conflict between Social and Constitutional Morality UPSC::
- Judicial intervention. Courts play a crucial role in upholding constitutional morality.
- SC decriminalise homosexuality, supreme court allowed the women to enter into the Sabarimala temple (CM prioritise over SM)
- SC not Legalizing same-sex marriage (SM prioritise over CM)
- SC decriminalise homosexuality but not Legalizing same-sex marriage (Make a balance between CM and SM)
- Reforms in legal system
- Protection of Civil Rights Act, 1955, Dowry prohibition act, 1961 (CM prioritise over SM by government)
- UCC has not been adopted till now (SM prioritise over CM by government)
- Social reforms to eliminating social evils and makes broad consensus about constitutional values and
- Constitutional amendments to internalize the progressive societal norms
Application in Public Administration:
- Civil servant must follow constitutional mandates to ensure integrity, transparency, and accountability in their actions and must be aware of and respect the social morals and of the communities they serve to maintain public trust, acceptability, effectiveness and ensure social cohesion.
- In cases of conflict, public administrators should find solutions that uphold constitutional values while addressing social concerns.
Evaluation of Khap Panchayat as a source of Social Morality in India
Khap Panchayats are caste or community groups, present largely in rural areas of north India. They are extra constitutional authority which work as a quasi judicial body and pronounce harsh punishments based on age-old customs.
Positive Aspects:
- Foster a sense of community and Social Harmony
- Preservers of cultural heritage and traditional values
- Maintaining social order by provided a form of local governance and dispute resolution, often in rural areas where access to formal legal systems is limited
Negative Aspects:
- Human Rights Violations – illegal and unethical punishment like honour killing, mob violence, public shaming, and forced marriages
- Inhumane means to implements there order
- Gender Discrimination, often uphold patriarchal norms
- Resistance to Social Change and modernization, women’s rights, inter-caste marriages, freedom of choice in marriage
- Lack of Legal Authority, extra constitutional authority, undermines the rule of law and the legal rights of individuals
Conclusion:
While Khap Panchayats have played a traditional role in maintaining local social order, their approach to social morality is often at odds with modern human rights standards and legal principles.
Government and civil society organizations should educate and empower rural populations, promoting awareness of legal rights and the importance of individual freedoms.
The Indian legal system has often condemned the actions of Khap Panchayats. The Supreme Court of India has invalided their decree.
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