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ISSN 2063-5346
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DOCTRINE OF CONSTITUTIONAL MORALITY: UNEARTHING HISTORICAL, JUDICIAL AND PHILOSOPHICAL ASPECTS

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Dr Roshni Shrivastava*
» doi: 10.48047/ecb/2023.12.si10.00350

Abstract

This study is a sincere attempt of the author to analyses the concept of “constitutional morality” in Indian Constitutional Law. The concept of constitutional morality has been developed through judicial innovation and has been subject to criticism and scholarly debate. This study explores the historical, moral, judicial, and philosophical aspects of constitutional morality and presents the author’s viewpoints on the matter. The historical aspect of constitutional morality is examined by referring to the work of George Grote, a British historian who defined constitutional morality in the context of ancient Greece. Grote’s definition emphasises reverence for the constitution, obedience to constitutional authorities, freedom to criticise those authorities, and the requirement for authorities to operate within the constitutional framework. The adoption of constitutional morality in India is traced back to Dr. B.R. Ambedkar, who used the concept as a rhetorical technique in the Constituent Assembly to defend the inclusion of administrative details in the Constitution. Ambedkar’s vision of constitutional morality did not suggest that courts should disregard popular morality but rather emphasised the need for a balance between constitutional ideals and popular morals.

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