The time period constitutional morality was first utilized by Dr B R Ambedkar within the Constituent Meeting whereas responding to criticism that India’s Structure contained pointless administrative particulars that ought to have been left to Parliament or the federal government. 

Dr Ambedkar remarked that ‘Democracy in India is simply a top-dressing on an Indian soil, which is basically undemocratic’. This assertion revealed his concern that social and financial circumstances in India weren’t naturally conducive to democracy. He warned that in such circumstances, an administration or authorities would possibly simply subvert the Structure with out formally amending it. Due to this fact, he argued, it was important to include detailed provisions immediately into the Structure. 

Concluding his speech, Ambedkar stated that he discovered the Structure to be workable and versatile, and ‘sturdy sufficient to carry the nation collectively… Certainly, if I’ll say so, if issues go improper beneath the brand new Structure, the rationale is not going to be that we had a foul Structure. What we must say is that Man was vile’.  

It is very important study how a structure can certainly be subverted with out being formally modified. Democracy is, in spite of everything, outlined as “authorities by regulation,” and no authority in such a system possesses absolute discretion.

I recall an incident from my tenure as head of the Tribal Division in Maharashtra. I directed the Collector’s workplace – with out notifying my division – to examine all Ashramshalas (residential faculties for tribal college students) concurrently. These faculties, principally run by politicians and generously funded by the federal government, had develop into, as I famous in a quasi-judicial order, “well-oiled machines for siphoning public cash.” After witnessing the inhumane circumstances of the scholars, I instructed the Commissioner to problem notices to roughly 250 faculties for cancellation of their permissions.

When the story broke attributable to my press convention, a PIL was filed within the Nagpur Bench of the Bombay Excessive Court docket. The political class, alarmed by my motion, pressured the Chief Minister to file an affidavit supporting these faculties. I refused to conform and returned the file to the Chief Secretary, stating that the choice violated present guidelines. I wrote in my notice: “The Chief Minister can change the rule, however can not leap the rule.” Finally, the Chief Minister reversed his resolution. My place was clear: nobody in a democracy has absolute discretion – and that precept prevailed.

A structure will not be a sacred textual content to be worshipped or recited like scripture. It’s a political doc meant to be carried out. Its effectiveness is dependent upon the political will of the federal government to observe it, and equally on the political energy of the individuals to forestall the federal government from undermining it.

The Structure exists solely inside a political system based mostly on democracy. It has no position in an authoritarian regime. The Structure’s perform in a democracy is to forestall that very democracy from collapsing into despotism. It does so by sustaining a fragile stability among the many three pillars of democracy and by establishing autonomous establishments that function free from governmental strain.

On this framework, the chief is accountable to Parliament, Parliament is checked by the judiciary, and the judiciary, in flip, is accountable to Parliament by way of the method of impeachment. The press, too, has a significant position – to tell residents honestly and maintain energy to account.

Nonetheless, this stability collapses when Parliament lacks the numerical energy to restrain the chief. That’s when constitutional morality, as emphasised by Dr. Ambedkar, turns into essential. A political thinker as soon as outlined democracy as “authorities by dialogue.” Certainly, democracy will not be merely rule by majority – it’s governance by consensus, nurtured by way of dialogue. That, in essence, is constitutional morality.

Impartial India gives two highly effective examples of constitutional morality.

The primary entails Prime Minister Jawaharlal Nehru and the Hindu Code Invoice. Nehru, ideologically dedicated to the Invoice, requested Dr. Ambedkar, then Legislation Minister, to draft it and warranted its passage. Nonetheless, dealing with opposition each from sections of the general public and his personal get together, Nehru withdrew help. Ambedkar, feeling betrayed, resigned. Although Nehru misplaced his most good minister and deserted his ideological imaginative and prescient, he upheld consensus over ideology – as a result of constitutional morality demanded it.

The second instance issues Prime Minister Indira Gandhi earlier than Operation Blue Star. Regardless of having an absolute majority in Parliament, she sought the counsel of the Opposition Chief, Atal Bihari Vajpayee. He was situated in Bangalore, and a particular VSNL phone line was laid so they might communicate. When advised of her resolution, Vajpayee requested, “Is there no different approach?” to which the Prime Minister replied, “No.” He then stated, “Alright – however you’ll pay a heavy value.”

The place political leaders possess constitutional morality, written constitutions develop into virtually pointless – as in the UK, the place democracy prospers with out one. However the place such morality is absent, no written structure can stop the slide into despotism.

It’s also price analyzing how constitutional stability can fail. The judiciary, although described as unbiased, is basically influenced by the federal government, which controls judicial appointments and might supply post-retirement rewards. Such affect undermines judicial independence and opens the door to elected despotism, notably when the opposition is just too weak to behave as a examine on energy. The identical applies to different establishments meant to safeguard constitutional values.

When constitutional morality disappears from society, all pillars of democracy collapse – Structure or no Structure – and democracy degenerates into despotism. Historical past bears witness: from Hitler’s Germany to Pol Pot’s Cambodia, democracies have decayed into dictatorships hiding behind the façade of electoral legitimacy. Such regimes justify atrocities because the “will of the individuals” and declare sovereignty to flee accountability.

Finally, it’s the individuals themselves who should guard the Structure and democracy – however that, certainly, is a tall order.

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