Context: The pith and marrow of this discussion is that constitutional morality may be invoked on the basis of the provisions of the Constitution to question the conduct of the State and to identify the metes and bounds within which the State must operate.

• According to Dr. Ambedkar, Constitutional morality would mean effective coordination between conflicting interests of different people and the administrative cooperation to resolve them amicably without any confrontation amongst the various groups working for the realization of their ends at any cost.
• Constitutional morality has been regarded as a paramount reverence for the constitution.
• Constitutional morality provides a principled understanding for unfolding the work of governance. It specifies norms for institutions to survive and an expectation of behaviour that will meet not just the text but the soul of the Constitution. It also makes the governing institutions and representatives accountable.
• Constitutional Morality is scarcely a new concept. It is written largely in the Constitution itself like in the section of Fundamental Rights (Article 12 to 35), Directive Principle of State Policy (Article 36 to 51), Preamble and Fundamental duties.

Historical background of democracy

• In recorded history, the Greeks were the first to experiment with models of government.
• There were monarchies, oligarchies and democracies among the Greek city-states of the 5th Century BCE.
• Aristotle wrote that while monarchies were for the benefit of the monarchs and oligarchies for the benefit of men with means, democracies were for the benefit of men without means.
• Democracy has travelled a long way from those times.
• In the world’s successful democracies like the US, UK and India, there is a fine balance between the elected and non-elected institutions with enough safeguards.

How democracy worked in India

• There was much scepticism about the idea of universal adult franchise during the making of the Indian Constitution.
• But Rajendra Prasad assured the Assembly’s members about the raw political wisdom of the average Indian as also the strength of the other institutions to safeguard the democratic process.
• However, the infamous Emergency exposed the flaws in Indian democracy.

Gandhiji’s and B R Ambedkar’s approach

• Mahatma Gandhi was not a big admirer of the parliamentary system.
• Gandhi’s view was that in the British system, the parliament works only for partisan interest — and not for the national interest.
• He wrote in Harijan in January 1937 that by political independence he meant system suitable to Indian context i.e. Ram Rajya — sovereignty of the people based on pure moral authority.
• B R Ambedkar too described democracy in India as “only a top-dressing” on an Indian soil “which is essentially undemocratic”.
• He underscored the importance of social democracy for the success of political democracy.
• Gandhi was referring to the tyranny of the British rule and Ambedkar was responding to the oppressive caste system.
• Neither was against democracy, but both were against the idea of “majoritarian rule”.
• For Gandhi, democracy meant the weak getting the same chance as the strong.
• For Ambedkar, it was about giving voice to the voiceless.
• For democracies to succeed, both believed that the parliamentary majorities need to be restrained through constitutional ethics and public morality.
• Constitutional ethics is about leaders respecting constitutional order, conventions and institutions.
• Gandhi’s greater emphasis was on public morality.
• He insisted that for India’s democracy to succeed, the Congress should convert itself into a lok sevak sangh and work at the grassroots level.

Road Ahead

• 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 grassroots activists. Neither should see the other as an enemy and try to bring them down.
• Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen. Upholding constitutional morality is not just the duty of Judiciary or state but also of individuals.
• The preamble of the constitution explicitly mentions the type of society we wish to establish; it is only through constitutional morality it can become reality.