Constitutional Morality: Definition and Application
Q: What do you mean by the term 'constitutional morality'? How does one uphold constitutional morality?
Constitutional Morality refers to the adherence to the Core Values and spirit of the Constitution, transcending mere literal interpretation. Popularized by Dr. B.R. Ambedkar, it implies that in a democracy, the Rule of Law must prevail over popular or social morality to protect the Dignity of every individual.
1. How to Uphold Constitutional Morality
- Upholding Fundamental Rights: An administrator must protect the rights of Minorities and marginalized groups, even if it opposes the Majoritarian View.
- Adherence to Due Process: Ensuring that Administrative Actions are transparent and follow the legal procedure established by the Constitution.
- Checks and Balances: Respecting the Separation of Powers and the independence of institutions like the Judiciary and the Election Commission.
- Inclusive Governance: Practicing Fraternity by ensuring social justice through schemes like Mo Sarkar in Odisha, which emphasizes Accountability to the citizens.
Definition of Key Term
Majoritarian View: A situation where the Preferences of the majority are imposed regardless of the rights of the minority. Example: Constitutional Morality ensures that a citizen's right to Privacy is protected even if a large group demands its surveillance.
Conclusion
In conclusion, Constitutional Morality is the Ethical Compass for civil servants. It prevents Arbitrary Power and ensures Substantive Justice. For Viksit Odisha, administrators must act as "Sentinels of the Constitution," ensuring that the Preamble's vision is realized in every official transaction.
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