Applied concept of Constitutional morality: CJI Chandrachud recalls verdict in Delhi vs Centre case

Summary

The speaker delves into the concept of 'constitutional morality,' a term not explicitly found in the Constitution but derived from its preamble and values. It serves as an overarching principle, guiding the state and society to respect diversity, promote inclusion, and foster tolerance. The speaker emphasizes the role of judges as servants of the people, advocating for compassion and empathy in the judicial system, especially at the district court level, where common citizens first engage with justice.

Takeaways

• 📜 The term 'constitutional morality' is not explicitly found in the Constitution but is a concept applied by judges, including the speaker, in their judgments.
• 🌐 The Constitution uses the term 'morality' as a restraint on fundamental rights, such as freedom of speech and association, but 'constitutional morality' is broader and addresses the state's role.
• 🤔 The concept of constitutional morality is discussed to understand its value addition to the constitutional discourse, despite not being a textual expression in the Constitution.
• 🏛 Constitutional morality is derived from and goes beyond specific rights or values mentioned in the Constitution, providing a unifying ethical framework for citizens.
• 🌟 It emphasizes the importance of allowing citizens the freedom to think, speak, worship, follow, eat, and marry as they wish, reflecting the diversity and inclusivity of Indian society.
• 🛡️ Constitutional morality serves as a restraining factor on the state, imposing a duty to facilitate the achievement of a society envisioned by the Constitution.
• 🌱 It calls for societal conditions that respect diversity, promote inclusion, and pursue tolerance, which are essential for maintaining the nation's rich cultural heritage.
• 👨‍⚖️ The doctrine of constitutional morality reflects an institutional commitment of the judiciary to uphold the values enshrined in the Constitution.
• 🏛 The role of judges is to serve the people, embodying compassion and empathy, and avoiding being judgmental about others' lifestyles.
• ⚖️ Constitutional morality is crucial not only for higher judiciary but also for district judges, as they are the first point of engagement for common citizens.
• 🏢 District courts are the 'courts of first resort' for citizens, highlighting the importance of constitutional morality in their everyday functioning and judgments.

Q & A

What is the main topic of discussion in the script?

The main topic of discussion in the script is the concept of constitutional morality, its relevance, and its application in contemporary judicial developments, particularly in the context of India's diverse society.

Why is the term 'constitutional morality' significant even though it is not explicitly used in the Constitution?

The term 'constitutional morality' is significant because it represents an overarching principle derived from the Constitution's values and preambular values, providing a unifying constitutional ethic that guides the behavior of citizens and the state.

How does the script define 'morality' in the context of the Constitution?

In the context of the Constitution, 'morality' is used as a restraint on fundamental rights, allowing for restrictions to be imposed by law on rights such as freedom of speech and association.

What is the role of constitutional morality in relation to the state?

Constitutional morality serves as a restraining factor on the state, imposing a duty to facilitate the achievement of the kind of society envisioned by the Constitution, which respects diversity, promotes inclusion, and pursues tolerance.

How does the script relate constitutional morality to the role of judges?

The script relates constitutional morality to the role of judges by emphasizing their institutional commitment to the values of the Constitution, their duty to serve the people with compassion and empathy, and their responsibility to uphold the Constitution's principles in their judgments.

What is the significance of the Preamble in the context of constitutional morality?

The Preamble is significant in the context of constitutional morality because it sets out the foundational values of the Constitution, such as justice, liberty, equality, and fraternity, which inform the concept of constitutional morality.

Why is the script's discussion on constitutional morality relevant to district judges?

The discussion on constitutional morality is relevant to district judges because they are the courts of first resort and have the initial engagement with common citizens, making it crucial for them to understand and apply constitutional morality in their judgments.

How does the script address the diversity of India in relation to constitutional morality?

The script addresses the diversity of India by emphasizing the importance of preserving this diversity and incorporating it into the concept of constitutional morality, which calls for respect for diversity, inclusion, and tolerance.

What is the script's stance on the role of the Supreme Court and the district judiciary in upholding constitutional morality?

The script suggests that while the Supreme Court is the court of last resort, the district judiciary is the court of first resort and plays a crucial role in upholding constitutional morality through their daily interactions with common citizens.

How does the script view the relationship between constitutional morality and personal values of judges?

The script views the relationship between constitutional morality and personal values of judges as one where personal values should be subservient to the values of the Constitution, ensuring that judges approach their duties with an institutional commitment to constitutional principles.

What is the script's perspective on the importance of compassion and empathy in the judicial process?

The script emphasizes the importance of compassion and empathy in the judicial process, suggesting that judges should approach their roles as servers of the people, allowing for a more humane and understanding approach to judgment, even in criminal cases.