Indian Constitutional Morality

Indian Constitutional Morality

Mutual respect for the institutions like legislation , executive, judiciary  and abiding to the procedure established by law is the essence of the Constitutional Morality.Concepts like rights , liabilities , development, progress , growth can be best defined in terms of the debates under the proceedings of objectives resolutions.Motion of objectives resolution  in Constituent Assembly  refers to, inter alia , two important aspects. One is restoring the dignified position of  Bharat  in the comity of civilized nations, and  secondly ,recognition, acknowledgement and promoting the values of ancient land. These two words civilized Nation and ancient land are compendious terms which needs deliberations. 

 First ,civilized nations means the way of living  aspiring the ideals, however high they might be .Secondly, the ancient land refers to the Indian civilizations, which can claim the roots in vedic times and Mohajodaro Civilisation  being the part of the illustrations made by Nandlal Bose duly signed by members of Constituent Assembly. It is not an exaggeration that the Preamble is the gate of entry to understand Constitution of Bharat underlining  aspiration, intention of framers of the constitution of Bharat. Soul of Preamble can best be understood by way of honoring the debate on Objective Resolution.

DrAmbedar had faith in the wisdom of the posterity this is reflected from his answer to the question whether Geeta , Veda should be taught in the education institutions . His reply was that let it be decided  when the occasion arises. Constituent Assembly debates are testimony to the aims, aspirations and the objects sought to be achieved by the people of India through the scheme of governance in the form of Constitution of India.Hence Constitution can be evolutionary , transformative and progressive as per the notion of the understanding of the soul of India .Exposition of the Basic structure doctrine in keshavanand Bharati case is said to be the Indian judiciary creativity in the form of judicial activism. There is long list to define what principles . doctrines and laws form the  Basic structure doctrine like  Supremacy of the Constitution ,Rule of law ,The principle of separation of powers,The objectives specified in the preamble to the Constitution of India,Judicial review,Articles 32 and 226,Federalism  ,The sovereign, democratic,  The parliamentary system of government,The principle of free and fair elections,Limitations upon the amending power conferred by Article 368,Independence of the judiciary,Effective access to justice,Powers of the Supreme Court of India under Articles 32, 136, 141, 142  etc ,

But the sanctity and the legitimacy of the basic structure doctrine has to pass the test to the effect that it must not be direction less . It must accord velocity. Speed will have no value in itself .In the world of competing values the values which help in the furtherance of the aspiration of the Constituent Assembly in terms of Objectives resolution which was drafted in the form of the preamble shall be guidance force for attaining velocity.

Spirit of Civilizational values like ekam sat vipra bahudha vadanti, Vasudhaiva Kutumbakam, Ekam bahusyam needs to be inculcated in the citizens of India .Any compromise on this aspect  in any form will be betrayal to the spirit of ancient land of India .Secularism has to be defined in terms of spirituality not on lines of western concept which is alien to India. Shabarimala temple issues needs review in the context of balancing the individual rights and cultural rights .Morality can not be overlooked live--in relationship needs to be regulated and can not be equated to the status of marriage which is sacrosanct institution .Whether status of  a person in matrimonial decision making in India family system free from special relationship shared with the family be ignored while dealing habeas corpus protection  under writ jurisdiction .Last but not the least why the supreme court was in hurry while declaring adultery only civil offence. Unfortunately all these controversial pronouncements has been made on the grounds of  Basic structure doctrine and theory of constitutional morality .

It is widely reported that nine judges bench is  hearing  the on the ambit and scope of religious freedom practiced by multiple faiths
. The Apex court must appreciate that any adjudication on this subject warrants the proper understanding of the term Dharma to the effect that Bharat Ratna awardee Prof P V Kane holds in his voluminous  work History of Dharam Shashtra that no translation and equivalent to the term Dharma is possible in any dictionary of any civilization on this planet .Because of the fact that  spirituality has been at the centre of the life of indian civilization which is found missing in other civilizations .Liberation and perfection has been the ideal sought to be achieved. Competing values like permanence and accountability will govern the nature and scope of the Constitutional Morality.

The word "Dharma" is often debated. This is due to a lack of understanding and proper understanding of the word "Dharma." This creates a disconnect between Indian culture and scriptures. During the time of Emperor Ashoka, the word "Dharma" was understood as a Greek word, eusebeia, which was limited to moral conduct. Consequently, the West has never truly understood the meaning of the word "Dharma" used in India. This mistake continued in modern times, and today the West uses the word "Dharma" instead of "Dharma," which is incomplete because the word "Dharma" is limited to sects and communities. This 2500-year-old error continues, first through the word "Eusebeia" and now through the word "Dharma." Both Western words have obscured the true meaning and implications of the word, resulting in neither Westerners nor modern Indian education being able to provide a holistic perspective on religion. Another example of the misuse of the word "Dharma" is the use of the word "Secular" in Hindi. Despite knowing that the Constitution uses the word "secular" for "sectarianism," three words are essential for understanding India: karman, brahman, and dharma. In India, dharma refers to a person's behavior according to their country, time, and circumstances, grounded in spirituality. Therefore, dharma is not limited to eusebius and religion.

 In The Essays on Geeta  Sri Aurobindo  writes that ideals of Indian civilization are different and distinct from other civilizations asmuch as that all interpretation of Geeta through modern mind has arrived a conclusion which is not the intention of the Geeta .Raising the consciousness to the liberation –divinity and manifesting the perfection in the worldly affairs is the core teaching of the Geeta.

On 6th December 1948  VOLUME VII Constituent Assembly Debates  H. V. Kamath says.[...]the Maha Yogi, Sri Aurobindo, in one of his famous books, where he says:"The master idea that has governed the life, the culture, social ideals of the Indian people has been the seeking of man for his true, spiritual self and the use of life as a frame and means for that discovery and for man's ascent from the ignorant natural into the spiritual existence.“ [...]20CWSA 397 .[...]Sri Aurobindo, the Maha Yogi, has said again and again, that the greatest need today is a transformation of consciousness, the  upliftment of humanity to a higher level through the discipline of Yoga[...]

Constitutional Morality which provides environment for attainment of transfirmation of consciousness in the form and spirit of the  scheme od  of governance shall be trullyrecognised as Indian Constitutional Morality . Anything less than this parametre will be not consisered Indianness hence will bear signature of intellignece motrgaged to slavery of western orientataion .

Unity in diversity is the hallmark of India .There is no disagreement on the fact that six philosophies  of Bharat signify mutual respect  with reciprocity instead of mutual tolerance. Six philosophies are  Samkhya, Yoga, Nyaya, Vaisheshika, Mimamsa, and Vedanta. Bharat can boast of six school of philosophies asmuch as philosophies  flowing like rivers parallel to each other, which signifies   peaceful, co-existence and the spirit of freshness into inquiry of  unknown. The diversity of practices, rituals, and faith of six schools of philosophy must be duly acknowledged and  respected. This spirit can help the Apex court  in understanding and interpretation of the ambit and scope of religious freedom practised by multiple faiths. It is urged that in the name of basic structure doctrine and constitutional morality supreme court shall not forget the aspiration and spirit of the Objectives resolution which demands upholding the values of ancient land of Veda , Ramanayan and  Geeta . Such approach constitutes Indian Constitutional Morality which forms the legitimate expectation of We, the people of India .