Applied concept of Constitutional morality: CJI Chandrachud recalls verdict in Delhi vs Centre case
Summary
TLDRThe 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
📜 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.
🌟 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.
🏛 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.
Mindmap
Keywords
💡Constitutional Morality
💡Judicial Developments
💡Law and Technology
💡Fundamental Rights
💡Preamble
💡Federal Structure
💡Diversity
💡Inclusion
💡Tolerance
💡Institutional Commitment
💡District Judiciary
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
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