Authored By: Gangesh Aggarwal Gujarat National Law University “The greatest of all the means for ensuring the steadiness of constitutions – but one which is nowadays generally neglected – is that the education of citizens in the spirit of their constitution. The ends of justice are not served by wanton killing and retributive blood lust. The case at hand: four suspects are apprehended and shot in custody within a week, without the criminal investigation having commenced in any substantive way. 0000003509 00000 n 0000001453 00000 n For several affected families, death is the only answer to rape. Popular morality, as distinct from a constitutional morality derived from constitutional values, is based on shifting and subjective notions of right and wrong. The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. 0000001194 00000 n Just before the veterinarian’s murder, in Asifabad close to Hyderabad, another woman of about the same age was sexually assaulted and murdered by three men; she belonged to an extremely vulnerable nomadic community that eked out a living from wage labour and petty vending. You can support quality journalism by turning off ad blocker or purchase a subscription for unlimited access to The Hindu. state interest, it must be a constitutional morality and not public morality…constitutional morality must outweigh the argument of public morality, even if it be the majoritarian view.’ morality must outweigh the argument of public morality, even if it be the majoritarian view.’ %PDF-1.3 %���� Ours is a very lengthy and elaborate Constitution. Khanna’s dissent in Puttaswamy in 2017, has prescribed the interpretation of Article 21: It is non-negotiable, non-derogable, and is not suspended even during conditions of Emergency. The Constitution guarantees your right to form associations and unions (Article 40.6.1.iii). The purpose is not to advocate any one religion, but to be part of the conversation that determines our public morality. That is a victory for the movement against rape that Nirbhaya’s family must celebrate as their own. Discuss. Following is the text of an address by Gov. What is meant by constitutional morality? As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. Popular Morality ≠ Constitutional Morality Unfortunately, the principle of constitutional morality is far from being dispersed throughout society, which explains why we live in world where violence is ruthlessly meted out against groups based on their ethnicity, Posted Apr 04, 2012 Defending the Republic: Constitutional Morality in a Time of Crisis, Bruce P. Frohnen and Kenneth L. Grasso, eds., ISI Books, 352 pages --Thomas Jefferson to John Adams, 1823. Moral principles must be consistent with one another; this means that in fulfilling the demands of one moral principle, one should not attempt against another. The case of the rape and murder of the veterinarian abates with the killing of all four suspects. We promise to deliver quality journalism that stays away from vested interest and political propaganda. For as Dr. B.R. It was this evolving constitutional morality that dictated that the monarch must appoint the leader of the majority of the House of Commons as prime minister; that he or she must dismiss that prime minister when the majority party lost a parliamentary election; and that he or she must refrain from vetoing legislation passed by the Parliament. To understand how, though, we must first give an account of what “morality” is. George Washington, General of the Revolutionary Army, president of the Constitutional Convention, First President of the United States of America, Father of our nation, "Religion and morality are the essential pillars of civil society." It is a fact that in recent decades public authorities have tended to respond more readily to threats than to persuasion even to the point of violating their own norms. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality. Even when I was going to public school back in the 1930s and ‘40s, very little was taught about the religious and moral beliefs of our Founding Fathers. If there is any type of ‘morality’ that can pass the test of compelling state interest, it must be ‘constitutional’ morality and not public morality.” 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. As the health and morality of the people are essential to their well-being, and to the peace and permanence of the state, it shall be the duty of the legislature to protect and promote these vital interests by such measures for the encouragement of temperance and virtue, and such restrictions upon vice and immorality of every sort, as are deemed necessary to the public welfare. It, in other words, must play central role in politics. The Supreme Court of India, by resurrecting Justice H.R. However, we have a request for those who can afford to subscribe: please do. "Virtue or morality," he concluded, as the products of religion, were "a necessary spring of popular government." For example, if it is accepted that"all human beings are equal"as a moral principle, it is not possible to accept another principle that says that"women are inferior to men and as such should obey them". Justice B. Sudarshan Reddy is a former Judge, Supreme Court of India. Kalpana Kannabiran is Professor and Director, Council for Social Development, Hyderabad. In other words, public conscience, moral order and constitutional morality- ethics of politicians, that constitute the core of policy making, must be very sound and strong if democracy is to survive for the long period of progress and prosperity for the common people. It is also a fact that this is not a universal view. Some politicians demanded the public lynching of rapists. This plea is bound to the apprehension of death at the hands of the suspects at the time that the suspects are shot. But it is non-negotiable. Laws are written rules and regulations that define the accepted behaviors and actions of the members of the society and the punishments that can be meted out to people showing deviant behavior. There's no … 0000003371 00000 n We have been discussing calls to pack the Supreme Court and President-Elect Joe Biden pledging to assemble a commission of experts to fundamentally change the Supreme Court after it added another conservative justice to the majority. Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Sexual assault is pervasive, these incidents tell us, and the response must be systemic, not episodic. There is no law in force in India that authorises the police to kill. For as Dr. B.R. Read more about Sabarimala: Ban on women fails four key tests of constitutional morality on Business Standard. It is widely believed that the founding fathers recognized religion and morality were needed to form the foundation upon which this new republic would rest. You have reached your limit for free articles this month. Any Republican and conservative who dares bring up the morality of an issue is immediately branded a religious nut, trying to force their wacko outdated values onto the public. '�0!�������u�&^��������_ʐ��M��.n�+��{Q` ��e��b�%Dѹ�"��(e0Iz����(,� But evidence suggests that people’s opinion of what God thinks is actually what they believe is right and wrong, not the other way around. Justice lies in supporting them in their moment of grief and pain and insisting on due process that brings suspects and accused to trial through a robust, stringent and competent criminal investigation. Law is a system of checks and controls that serve a very important role in a society, and that is to maintain order. Printable version | Dec 12, 2020 11:57:02 PM | https://www.thehindu.com/opinion/lead/constitutional-justice-is-non-negotiable/article30239193.ece. 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. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. When men accused of causing grievous hurt and loss of life to women through acid attacks are simply killed in police encounters, we may hear popular applause and appreciation of the heroism of the police; or we may, as we do now, be mere spectators to the showering of rose petals on police personnel involved in the encounter. Facebook … Section 14. 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