1 & 2, 2020 1729). Are IT project managers facing an existential crisis? Constitutional Morality and the Rise of Quasi-Law: A Symposium. 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. 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. We would in South Africa too take into account the values and purpose of our Constitution. I can only comment on one more issue. The statement quoted at the head of this article was one made by one of the “founding fathers” of this great nation. BR Ambedkar had, in fact, said: “Constitutional morality is not a natural sentiment. Subscribe to The Hindu now and get unlimited access. Find mobile-friendly version of articles from the day's newspaper in one easy-to-read list. The latter is postulated as a society based on horrendous and systematic discrimination and violence against, and the exclusion of, vulnerable people and communities from the “dominant” mainstream. 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. 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. Constitutional morality means adherence to the core principles of the constitutional democracy. There is no doubt that non-discrimination and liberty are important components of the process. How to uphold constitutional morality. Enjoy reading as many articles as you wish without any limitations. (Z.M. 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. Majoritarian views and popular morality cannot dictate constitutional rights. It may well be that Ms Kannabiran has given expression to the breadth of the contextual circumstances that need to be taken into account by a court. A one-stop-shop for seeing the latest updates, and managing your preferences. As a subscriber, you are not only a beneficiary of our work but also its enabler. It defines the change in the attitude and approach by all societal role players including, in particular, activists for social change, governmental organs as well as the judiciary. When social morality succumbed to constitutional morality. Today, September 6, 2018 was a historical day for India. He is most of the time aware of his privileges as a straight male, cis, upper caste medical doctor. Constitutional morality is not by any means social or ideological morality," Khurshid said. Non-discrimination may also be regarded as the vehicle towards the achievement of equality. Shukla sought to trace the origin of this word and explained how it was first used by Ambedkar during the Parliamentary debates. Social morality is a sort of “contract” that we (human beings) all have with each other. this talk deals upon recent ambiguities regarding judicial activism and religious practices . The approach it adopts includes the historical, sociological, social as well as juridical. Both morality and ethics loosely have to do with distinguishing the difference between “good and bad” or “right and wrong.” Many people think of morality as something that’s personal and normative, whereas ethics is the standards of “good and bad” distinguished by a certain community or social setting. We brief you on the latest and most important developments, three times a day. In a very mundane sense, with a handful of exceptions, there is no serious or deep historiography associated with our Constitution, one that can put it in proper historical and philosophical perspective. The LGBT community possesses rights like others. I must first touch upon approaches to constitutional interpretation. They tell us that capitalism is base, callous, exploitative, dehumanizing, alienating, and ultimately enslaving. He is an MD, specialised in Internal Medicine and works in Kerala , India. If John Adams were the only founding fat… We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. I have also not studied the numerous documents relied upon. The LGBT community possesses rights like others. Hindutva propaganda through Indian medical journal ? 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. The term has been used as a dichotomy against the idea of ‘social morality’ or popular opinion, seeking to… This site uses Akismet to reduce spam. My evaluation is therefore limited to examining some conceptual aspects from my perspective as a constitutional jurist in South Africa. I get the sense that perhaps the concepts of non-discrimination and liberty are used to connote the circumstance that these concepts are applicable to all the rights in the Constitution and therefore all embracing. 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. History owes an apology to those who have been persecuted and socially ostracised because of Section 377. 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. Only Constitutional morality and not social morality can be allowed to permeate rule of law Section 377 is arbitrary. Societal morality to constitutional morality, Subscribe to Morning Filter & Evening Wrap newsletter, Watch | Features of the new Parliament building, Territory disputes between India and its neighbours are targets for malware campaigns, Google improves search in Drive app for Android, iOS, New on Netflix this week: ‘Paava Kadhaigal’, ‘Ma Rainey’s Black Bottom’ and more, The complete list of all Marvel, ‘Star Wars’, other projects Disney announced on Investor Day, Mystery metal monolith pops up, this time in Poland, ‘Triples’ review: A lively series with the flavour of the Crazy Mohan-Kamal Haasan universe, Eros Now announces slate of film premieres, likes of Dulquer Salmaan, Nawazuddin Siddiqui to star in them, Indian-American Raja Chari among 18 selected for NASA’s manned Moon mission, Ellen DeGeneres tests positive for coronavirus. Constitutional morality here went against social morality that discriminates against women based on biological reasons like menstruation. Synopsis of Social Morality Look at where we have come, where we are going, and what it is doing to our society! If I understand the writer correctly, developing and putting into place a process that would systematically increase non-discrimination and liberty in a transformative sense would ultimately contribute best to the achievement of the constitutional order. He believed in the Bible and the God of the Bible. That means the morality that is envisaged by the Indian Constitution of 1950, a democratic liberal morality that ensures freedom of expression and equality before law should triumph over societal morality which considers some Indian citizens, those belonging to LGBTQ community, unequal. We have a similar difficult route to follow. 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. To deny the LGBT community of their right to sexual orientation is a denial of their citizenship and a violation of their privacy. We have to vanquish prejudice, embrace inclusion and ensure equal rights. Our Constitution proclaims a society that is equal and consonant with civil and political fundamental rights, environmental rights and socio-economic rights. I decided not to go over the same ground again in this lecture, but to speak on a different and, for me, a relatively new subject. The Constitution's First Amendment protections on "free speech" are a major talking point as social ...[+] media posts trigger morals clauses. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. Post was not sent - check your email addresses! It would behoove us all to read more about him and learn from his example. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. 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. If this is not recognised, constitutional jurisprudence could suffer. Wade, as well as examining the and social, moral and political debates that the case has impacted upon. The genesis of ‘constitutional morality’ can be seen in the constituent assembly debates themselves. Andre Béteille is professor emeritus at the Department of Sociology, Delhi School of Economics. She examines (in respect of disability rights; the rights of castes, tribes, religious minorities; and sex-based discrimination) the historical matrix, a conceptual delineation, the role of government, the role of activists as well as the position on the ground with ordinary people and thereafter makes proposals for change. The building blocks employed in the determination and construction of the route are principally those of non-discrimination and liberty. 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. He was convinced, and so stated, that without the application of Biblical principles in the establishment and building of this nation that it could not and would not be done. 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. Ambedkar had said that the ideals that inspired the French Revolution—liberty, equality and fraternity—were the ones that formed the core of the Indian Constitution too. We have the same problem in South Africa. He also pointed out that it is not the job of the judges to go by popular opinion. “By constitutional morality, Grote meant… a paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and … Section 377 is arbitrary. Your support for our journalism is invaluable. There may be a different approach. Yacoob is Justice of the Constitutional Court of South Africa.). A common theme running through the opinions was that the values enshrined in the Constitution are independent of prevailing social values. The judgement underlines the progressive nature of Indian Constitution of 1950 created by Ambedkar and Nehru in the background of the freedom movement. Arun N M is active both online and offline in promoting scientific temper and fighting religious nonsense and pseudoscience. Introduction The phrase ‘constitutional morality’ has been employed most recently in the context of Section 377 case law. A hierarchy of rights cannot be countenanced because rights are indivisible and inter-related. 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. *Our Digital Subscription plans do not currently include the e-paper, crossword and print. It’s a support for truth and fairness in journalism. 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. But very few people are willing to defend capitalism as morally uplifting. Nevertheless, a careful study of this fascinating work would enhance an understanding of the position on the ground, the dire need for change and the way in which this is to be done. I may say that I favour this approach without qualification. It must be said in all fairness, that Ms Kannabiran does indeed make extensive reference to many of the other rights of vulnerable people and communities. AI today discovers relations Here is the time line of what happened in a long drawn out legal battle that finally resulted in victory for democracy and freedom of individuals. Despite the centrality of the Constitution to our social and political life, it has been ill-served by our historical imagination. 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. ‘Constitutional morality: Is it a dilemma for state, courts and citizens?’ The huge Dr.Y.V.S. It is fashionable among college professors, journalists, and politicians these days to sneer at the free-enterprise system. 52 • Volume XXXIII, Nos. classes, on social exclusion and on policies of affirmative action [Béteille 1987, 2003]. Our Constitution provides for both and it is an important reason why I swear allegiance to it. Let us hope that in all other issues also the Court will ensure that Constitutional morality eventually triumph over majoritarian morality. You have reached your limit for free articles this month. What constitutes constitutional morality? The strength or weakness of constitutional morality in contemporary India has to be understood in the light of a cycle of escalating demands from the people and the callous response of successive governments to those demands. The Constitution embodied with the will of the people to govern them is not an end but a means to an end i.e. You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. They cannot be pushed into obscurity by an oppressive colonial legislation. Shah and Justice S. Muralidhar of the Delhi High Court in 2009, it denied human beings their individuality. Murthy auditorium on the Andhra University’s Engineering campus was packed to the full with quite a few standing to hear the renowned advocate who enthralled the audience with his oratory and profundity. This is because almost all dominant sectors rely on their right of freedom to continue with their oppressive, non-transformative, objectionable conduct. In democracy, public morality and unelected institutions are necessary checks, not inimical to elected govt India’s democracy, as envisaged by the makers of its Constitution, thrived essentially because of the respect of the leaders for ethical constitutionalism and moral activism of … The Constitution’s mandate was to remove those chains so that people of this country enjoy justice—social, economic and moral. He was a man of integrity and a God-fearing leader. Printable version | Dec 11, 2020 6:16:11 PM | https://www.thehindu.com/opinion/lead/societal-morality-to-constitutional-morality/article2758601.ece. However, we have a request for those who can afford to subscribe: please do. Without constitutional morality, the operation of the constitution tends … Getty. An evaluation which attempts to redesign the vehicle, build the road, chart the course and point to pitfalls is essential in a fundamental sense. 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. We promise to deliver quality journalism that stays away from vested interest and political propaganda. Time and resource constraints may also be a factor. 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. Privileges as a subscriber, you are not only a beneficiary of our but... Religious nonsense and pseudoscience integrity and a God-fearing leader obligations of constitutional morality means adherence to the principles! 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