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.

Outlines

00:00

📜 Constitutional Morality: An Unstated Concept

This paragraph delves into the concept of 'constitutional morality,' a term not explicitly found in the Constitution's text. The speaker reflects on its usage in a previous judgment and questions its relevance to various stakeholders, including judges and civil society. The paragraph emphasizes the importance of understanding and defining this concept, which, despite not being a textual expression, is considered valuable in the constitutional discourse. It touches upon the federal structure of India and the significance of preserving diversity, hinting at the broader implications of constitutional morality beyond specific rights or values.

05:01

🌟 The Unifying Ethic of Constitutional Morality

The second paragraph explores the foundational aspects of constitutional morality, rooted in the values of the Constitution's Preamble, such as justice, liberty, equality, and fraternity. It discusses the speaker's application of this concept in a legal judgment and the subsequent challenge to its constitutional basis. The paragraph highlights that constitutional morality is an overarching principle that transcends specific rights, providing a unifying ethic for Indian citizens. It underscores the importance of this doctrine in fostering a diverse and inclusive society, with a particular focus on the role of the state in facilitating the realization of the constitutional vision.

10:03

🏛 The Institutional Commitment to Constitutional Values

In this paragraph, the speaker discusses the role of constitutional morality in reflecting the institutional commitment of the judiciary to the values enshrined in the Constitution. It emphasizes the importance of diversity, inclusion, and tolerance as core to the nation's identity, 75 years after its birth. The speaker also addresses the potential for judges to perceive themselves as deities within the 'temple of justice,' advocating instead for a servant role, characterized by compassion and empathy. The paragraph concludes by highlighting the significance of constitutional morality for all levels of the judiciary, especially the district courts, which are the first point of contact for common citizens.

Keywords

💡Constitutional Morality

Constitutional morality is a concept that, although not explicitly defined in the Constitution, is derived from its overarching principles and values. It is the idea that the Constitution embodies certain moral principles that guide the actions of the state and its citizens. In the video, the speaker discusses how constitutional morality is not just about restraining citizens' rights but also about the state's duty to facilitate a just society. It is used to emphasize the importance of upholding the values enshrined in the Constitution, such as justice and equality.

💡Judicial Developments

Judicial developments refer to the evolution and current trends in the interpretation and application of the law by the judiciary. The video script mentions these developments in the context of contemporary societal challenges, indicating that the judiciary must adapt and respond to the changing needs of society. This concept is central to the discussion on how law intersects with technology and societal conditions, aiming to strengthen justice.

💡Law and Technology

The intersection of law and technology is a contemporary theme that explores how advancements in technology can be integrated into the legal system to improve access to justice and judicial processes. In the script, this intersection is viewed from the perspective of societal conditions, suggesting that the judiciary must consider the impact of technology on society and how it can be leveraged to address societal challenges.

💡Fundamental Rights

Fundamental rights are the basic rights and freedoms granted to citizens by the Constitution. The script discusses how these rights can be restricted by law on various grounds, including morality. The concept is used to illustrate the balance between individual liberties and societal interests, as well as the role of the Constitution in protecting and limiting these rights.

💡Preamble

The Preamble of the Constitution is a brief introductory statement that sets out the guiding principles and values of the document. In the video, it is mentioned that constitutional morality is founded in the values outlined in the Preamble, such as justice, equality, and fraternity. The Preamble is used to emphasize the foundational ideals that inform the interpretation and application of constitutional provisions.

💡Federal Structure

A federal structure refers to a system of government in which power is divided between a central authority and constituent political units, such as states or provinces. The script highlights the importance of preserving the diversity within India's federal structure, suggesting that constitutional morality must take into account the varied cultural, social, and political contexts across the nation.

💡Diversity

Diversity is the state of having a range of different ideas, cultures, or identities. The video script emphasizes the importance of recognizing and respecting India's diversity as a fundamental aspect of constitutional morality. It is used to illustrate the need for inclusiveness and tolerance in a multifaceted society.

💡Inclusion

Inclusion refers to the act of including or involving all members of a society, particularly those who are marginalized or underrepresented. The script discusses the need for inclusion as a key aspect of constitutional morality, suggesting that the Constitution envisions a society where all individuals are valued and have equal opportunities.

💡Tolerance

Tolerance is the capacity to endure or accept behavior, opinions, or beliefs that are different from one's own. In the video, tolerance is presented as a core value of constitutional morality, emphasizing the need for society to embrace differences and promote peaceful coexistence.

💡Institutional Commitment

Institutional commitment refers to the dedication and loyalty of an organization or its members to its core values and principles. The script speaks of the judiciary's institutional commitment to the values of the Constitution, highlighting the role of judges as servants of the people who must uphold the principles of constitutional morality in their decisions and actions.

💡District Judiciary

The district judiciary refers to the lower courts within a country's judicial system, which often serve as the first point of contact for citizens seeking justice. The script emphasizes the importance of the district judiciary in implementing constitutional morality, as it is where most citizens first engage with the legal system.

Highlights

The concept of constitutional morality is not explicitly stated in the Constitution but is discussed for its relevance to the judiciary and society.

Constitutional morality is derived from the preambular values of the Constitution, emphasizing a unifying ethic for all Indian citizens.

Morality in the Constitution serves as a restraint on fundamental rights, such as freedom of speech and association.

The speaker applied the concept of constitutional morality in a judgment involving the NCT of Delhi and the Union of India.

Constitutional morality is an overarching principle that goes beyond specific rights or values in the Constitution.

The doctrine of constitutional morality is essential for preserving the diversity of India and promoting inclusion and tolerance.

The role of judges is to serve the people, embodying compassion and empathy rather than being perceived as deities of justice.

Constitutional morality imposes a duty on the state to facilitate the achievement of the society envisioned by the Constitution.

The concept of constitutional morality addresses every component of society and the society itself, promoting respect for diversity.

The importance of constitutional morality is highlighted in the context of contemporary societal challenges faced by judges.

The Constitution is a dialogue within and between societies, and constitutional morality addresses this multifaceted interaction.

The district judiciary is the court of first resort for common citizens, making constitutional morality relevant at the grassroots level.

Constitutional morality reflects an institutional commitment of the court system to the values of the Constitution.

The speaker emphasizes the need for judges to be subservient to the values of the Constitution, not positioning themselves above them.

The role of the Supreme Court is as the court of last resort, with district courts being the primary point of engagement for citizens.

The speaker's personal values and the importance of humility in the role of a judge are discussed in the context of constitutional morality.

The transcript discusses the contemporary judicial developments and the intersection of law and technology in societal conditions.

The importance of addressing the challenges faced by common citizens and the role of the judiciary in serving them is emphasized.

Transcripts

the text of our constitution does not

use the Expression constitutional

morality the Constitution uses the

expression morality why are we

discussing a phrase which is not used in

the Constitution at all I was one of

those who applied this concept of

constitutional morality when I wrote the

Judgment in the first round of the

battle between the NCT of Delhi and the

union of India about 6 or S years ago

essentially this conference speaks of

contemporary judicial

developments and strengthening Justice

through law and

Technology the word contemporary is very

important because it does not speak

about the work which we do in the

abstract but in the context of

contemporary societal challenges which

we as judges face in the work which we

do we therefore look at law and its

intersection of

Technology from the perspective of the

societal

conditions in which Those whom we serve

exist in our

societies because the true Merit of our

work lies in addressing the challenges

faced by those at whose feet we are

intended to serve namely the common

citizens of

India the first important theme that we

are going to to

discuss is the principle of

constitutional

morality now if you look at the

Constitution the text of our

constitution does not use the Expression

constitutional

morality this phrase into invert commas

constitutional morality is not found

anywhere in the

Constitution the Constitution uses the

expression morality

but it does not use the Expression

constitutional

morality now all of you may be asking a

basic

question which is why are we

discussing a phrase which is not used in

the Constitution at

all what is the relevance to District

judges High Court judges to the officers

of the state to Civil

Society of a phrase which is not used in

the

Constitution the Constitution uses the

expression

morality but morality in the

constitution is used as a restrained on

fundamental

rights the Constitution allows for

restrictions to be imposed by law on the

right to freedom of speech and

expression under article 191a by article

192 on various grounds including

morality likewise the

Constitution contemplates that

restrictions can be imposed on the right

to freedom of Association interia on

grounds of

morality so Morality In article 192 and

article

194 is a restraint on the rights of the

citizens is that the morality that we

speak of when we talk about

constitutional

morality now that's one of the basic

questions which we have to address

if constitutional morality has not been

addressed in the

Constitution as a textual

expression what is the value addition to

the Constitutional discourse that we in

a Regional Conference a high powerered

Conference of senior judges from across

the region are discussing this concept

there's the first question which I must

very briefly try and make you

all perhaps reflect

on how do you define what is undef

defined and what is not explicitly

stated in the

Constitution who will Define the concept

of constitutional

morality we exist in a federal

structure we exist in a federal

structure which is marked by a great

deal of

diversity I was born in Mumbai belong to

a small village about 60 70 km away from

Pune my work took me to a Ahad is chief

justice for 3 years and now I look at

the broader context of the Indian

nation and one thing which cannot but

leave a very imperceptible mark on your

heart and

soul in the work which we do as judges

in Delhi is to realize the importance of

preserving the diversity of

India so how do we

then dwell on the concept of

constitutional morality

at one level constitutional

morality is founded in the preambular

values the values which the

Constitutional Preamble sets

out but if these rights have already

been enunciated elsewhere in the

Constitution then why Constitution

Morality In fact I was one of those who

applied this concept of constitutional

morality when I wrote the Jud judement

in the first round of the battle between

the NCT of Delhi and the union of India

about 6 or seven years

ago and responding to that judgment the

learn attorney general for India Mr

venugopal asked me in another case he

says judge where do you find this

Doctrine in the Constitution it was an

academic discourse there's

constitutional cases

involved at a certain level the Preamble

defines con Concepts Ander refers to

Concepts such as justice social economic

and

political Liberty of thought expression

faith belief and

worship human dignity

equality

fraternity now these rights which the

Preamble refers to are found in the text

of the

Constitution Article 21 the right to

life and personal Liberty equality in

article

14 then why are we evolving this concept

of constitution morality there is a more

deeper

reason and that deeper reason for us to

dwell on the concept of constitutional

morality is that constitutional morality

is an overarching

principle which is derived

from but is not confined to specific

rights or values which are ured in the

Constitution Constitution

morality gives you a unifying

constitutional

ethic it gives you a unifying

constitutional ethic so every Indian

citizen can

think as she wishes to

think every Indian citizen can speak as

she wishes to speak

every Indian citizen can

worship as they intend to

worship every Indian citizen is entitled

to follow whoever they want to

follow every Indian citizen is entitled

to eat what she or he wants to

eat every Indian citizen is entitled to

marry whoever she or he wants to marry

or not marry at all

in other

words what constitutional morality

really opens up as a universe for all of

us particularly as

judges is to create a whole way of

life which the Constitution has

created and that way of

life is deeply

cognizant of the fact that India does

not exist only in large cities but it

goes down to the smallest Village in the

smallest taluka Across the

Nation connected or not connected

communicable or not communicable

accessible or

otherwise and that is the true Merit of

the doctrine of constitutional

morality constitutional morality unlike

morality as I began by telling you

morality is a restraint on the rights of

citizens constitutional morality on the

other hand addresses itself to the

state constitutional morality is a

restraining Factor on the

state but besides being a restraining

facet of what the state has to

respect it imposes a duty on the state

to facilitate the achievement of the

kind of society which the conv

Constitution invis

ages constitutional morality addresses

itself to every component of

society and to society as

well the Constitution is not merely a

dialogue between the state and its

citizens or between the union and the

states or between the states and

States it's a

dialogue within and between

societies and constitutional morality

address itself to every component of

society and the society itself telling

society that you must allow for

conditions

which respect

diversity promote

inclusion and pursuit

tolerance the heart of the nation is our

realization of the importance of

diversity the need for

inclusion and the ultimate pursuit of

Tolerance which defines why we are 75

years after the birth of the Nation

still a nation with such beautiful

diversity and

colors but above all since we are

Judges constitutional

morality reflects an Institutional

commitment of the court

system the institutional commitment of

each one of

us that we are but subservient to these

values of the

Constitution too very often when we are

addressed as

honor and we are addressed as Lordships

or lady

ships there is a very very grave danger

and people say that well the court is a

temple of

Justice there is a vve danger that we

perceive ourselves as the deities in

those temples therefore speaking for

myself though I am I have my own set of

personal values which are deeply

personal to

me I'm a little reticent when I'm told

that this is a temple of

Justice because Temple postulates that

the judges are in the position of a

dayy I would rather recast the role of

the judge as a server of the people and

when you regard

yourselves as people who are there to

serve others then you bring in the

notion of compassion of

empathy of judging others but not being

judged judgmental about others allowing

other people to lead the lives as they

lead all of us know as judges that in

the worst of criminal cases which come

before us we have a human being who is

before us and even when we exercise the

power of

sentencing we do that with a sense of

compassion just as we do it with a sense

of Duty to the family of the victim who

has been wronged so it is these concepts

of constitution morality which are I

think are the key not just for the

judges of the Supreme Court or the high

court but for the district Judiciary

itself because the engagement of common

citizens begins first and foremost with

the district

Judiciary the Supreme Court is the court

of last resort not withstanding article

32 the court of First Resort are the

district courts Across the Nation