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Constitutional Morality: Not a Natural Sentiment — How It Can Be Achieved in Our Society

Written by Aadya Sachan

Have we ever taken the time to wonder what exactly is the binding force behind the world’s largest democracy? What underlies democratic rule itself, beyond the formality of institutions and law? Dr. B.R. Ambedkar credits constitutional morality for this phenomenon. Through this blog, I have attempted to explore how and why constitutional morality is the bedrock of a thriving democracy and how we, as individuals and as a society, can nurture it.

Introduction

In the multi-hued mosaic that is the Indian governance, few concepts and principles are as fundamental yet elusive as Constitutional morality. In the words of Dr. B.R. Ambedkar, the chief framer of India’s Constitution, “Constitutional Morality is not a natural sentiment; it needs to be cultivated“. In sounding these prophetic words, Ambedkar acknowledged a deeper truth which still resonates in modern debate: the values that unite a democratic polity are not natural human dispositions but painstakingly cultivated values which need to be deliberately fostered and nurtured.

Constitutional morality is the shared dedication to maintaining the intent and letter of the Constitution, rising above individual interests and partisan bickering for the common good of democratic society. It is the unseen thread that interlaces the fabric of an effective democracy, keeping institutions strong, protecting rights, and establishing the rule of law. But, as Ambedkar wisely noted, this morality does not spontaneously occur—it must be consciously nurtured by persistent effort, education, and institutional commitment.

What is Constitutional Morality?

Constitutional morality is much more than mere compliance with provisions of law. It is a higher philosophical adherence to the values and principles upon which democratic rule is founded. It is a fundamental call at the core for respect of the Constitution as the supreme law, accommodation of democratic processes even where outcomes turn against them, and the readiness to subdue personal or group interests to constitutional values.

This idea traces its origin to the understanding that a constitution is more than a formal document but a social agreement that captures the common hopes of a people. It demands citizens, institutions, and leaders to make the ideals of justice, liberty, equality, and fraternity their own— not as ideals but as lived experiences that shape everyday behavior and choices.

Key Pillars of Constitutional Morality

  • Constitutional Values: Justice, liberty, equality, fraternity, secularism, dignity.
  • Rule of Law: Primacy of law above all, including government functionaries.
  • Democratic Principles: Representative democracy, accountability, and involvement.
  • Fundamental Rights: Safeguard equality, freedom,  and individual liberty.
  • Separation of Powers: Equilibrium among legislative, executive, and judiciary.
  • Checks and Balances: Devices to avert abuse of authority.
  • Ethical Governance: Transparency, accountability, and integrity in public service

The Supreme Court of India has always underlined the fact that constitutional morality is about making a conscious attempt to adhere to the constitutional values in letter and spirit. It requires every action, whether by individuals or institutions, to be considered against constitutional ideals and the Constitution’s aspirational vision to be actively sought rather than passively accepted.

The Imperative of Cultivation

Ambedkar’s suggestion that constitutional morality has to be cultivated is an indication of his profound insight into human nature and societal dynamics. Unlike natural feelings like love, fear, or anger, constitutional morality needs to be developed and nurtured through effort. This cultivation becomes especially vital in multilateral societies in which diverse identities, interests, and worldviews exist together in the same constitutional order.

The demand for cultivation stems from a number of basic problems. First, constitutional values tend to come into tension with short-term self-interest or group identity. Second, democratic procedures are sometimes slow and may yield results that appear inefficient or unfair in the short run. Third, constitutional morality demands a long-term vision that may not coincide with short- run political or economic imperatives.

Unless deliberately nurtured, societies tend to drift into authoritarianism, majoritarianism, or institutional breakdown. History is replete with examples of failed democracies not because their constitutions were defective, but because constitutional morality was never sufficiently developed or permitted to weaken over time.

Pathways to Cultivating Constitutional Morality

Education as the Foundation- The most basic route to constitutional morality is through education. This includes not just formal education curricula but also general social learning processes by which civic awareness is molded. Constitutional education has to start early and continue for one’s whole life, adjusting to new situations and challenges.

Formal Education Reform- Schools and institutions of higher education need mainstream constitutional values in their curricula in a substantive sense. This entails transcending mere memorization of articles of the constitution to expose students to serious debate about democratic ideals, rights and obligations, and the application of constitutional values in everyday life. Case studies, mock trials, student governments, and civic projects are some ways to enable students to learn through direct experience of constitutional principles.

Civic Education Programs- Adult education programs for constitutional literacy can serve to close gaps in public knowledge. These programs need to be framed to engage diverse groups, such as marginalized communities with limited formal education but whose participation is essential for democratic governance.

Professional Development- Training programs for public officials, judges, lawyers, and other professionals who operate under constitutional provisions can ensure that those who enforce and interpret constitutional provisions are constitutionally committed in their minds.

Institutional Strengthening

Robust institutions are both outcomes and creators of constitutional morality. They represent constitutional values in their design and workings and, at the same time, enforce these values through their day-to-day activities.

Judicial Independence: A free and independent judiciary is the custodian of constitutional morality by interpreting provisions of the constitution, safeguarding rights, and balancing power in government. Ensuring judicial independence through proper appointment procedures, security of tenure, and sufficient resources ensures that courts are able to play this crucial role.

Legislative Accountability: Parliaments and legislatures need to be made into forums of democratic deliberation instead of rubber stamps for executive actions. This means strong committee systems, transparent processes, and real debate over policy matters. Legislative changes that are more accountable and transparent can make constitutional morality more powerful.

Executive Restraint: Constitutional morality calls for executive branches to use power within constitutional boundaries, even if greater powers would be politically attractive. This requires a system of internal accountability, open decision-making procedures, and deference to other branches of government.

Cultural Integration

Constitutional morality has to be integrated into the cultural fabric of society to endure. This involves linking constitutional values with established cultural values and traditions and challenging actions that violate constitutional principles.

Religious and Community Leaders: Involving religious and community leaders in the propagation of constitutional values has the possibility of bridging possible contradictions between traditional customs and constitutional values.  If constitutional morality is promoted by authoritative community leaders, it acquires legitimacy and acceptance among the people who follow them.

Arts and Literature: Constituent themes explored through creative works can render abstract concepts more understandable and emotionally engaging. Creative arts, literature, drama, film, and other forms of art can enable individuals to grasp how constitutional ideas work themselves out in everyday situations and motivate allegiance to these ideals.

The Path Forward

cultivating constitutional morality is never an end point, but rather a process that necessitates constant effort and adjustment. While societies change and encounter new challenges, constitutional morality needs to be re-evaluated and reappraised to hold value and work.

This is a process that demands constant commitment from all aspects of society. Institutions of learning need to continue innovating in teaching constitutional values. Government institutions need to continue upholding constitutional principles despite pressure. Civil society needs to be vigilant in guarding constitutional rights and holding institutions to account. Citizens need to take an active role in constitutional democracy and not be mere passive spectators.

The development of constitutional morality also takes patience and persistence. Unlike policies that can be quickly legislated, constitutional morality evolves gradually over time through innumerable individual choices and collective action. Every generation needs to reaffirm constitutional principles and discover new means of applying them to the issues of today.

Conclusion

Dr. Ambedkar’s understanding that constitutional morality needs to be nurtured and not taken for granted is relevant today as ever. With democracies all over the world threatened by authoritarianism, polarization, and institutional erosion, there is an even greater need to consciously cultivate constitutional morality. The avenues to constitutional morality—education, institution building, civil society action, and cultural incorporation—are not abstract schemes, but live methods that can be applied to various situations. Success will involve long-term effort, widespread participation, and incorruptible commitment to constitutional principles even when they conflict with short-run interests or democratic opinion.

Constitutional morality is mankind’s best hope for free and just, diverse and united, dynamic and stable societies. By acknowledging that this morality can only be fostered and pledging ourselves to its cultivation, we pay homage not only to constitutional vision but to our responsibilities to those future generations who will inherit the democratic ideals we have a hand in shaping.

The development of constitutional morality is more than upholding democratic institutions—it is about cultivating the conditions for human flourishing in a system of justice and liberty. This

worthwhile aspiration deserves the effort that it will take and raises hope that through deliberate cultivation, constitutional morality can in fact grow and flourish in our country.

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Reviewed by Jeet Sinha and Astha Priya.

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