Question 1 · 10 marks · 193 words written
Opening · a definition
Ans → B.R. Ambedkar asserted "Constitutional morality refers to ideas and values of Constitution permeating entire socio-cultural fabric".
Body · points
Tenets of Constitutional Morality
① George Grote defined it as "paramount reverence to ideals of Constitution" like Rule of law.
② Rooted in values of Constitutionalism i.e. limited government and ideas of preamble like Justice, Equality, Liberty & Fraternity.
③ Navtej Singh Case: SC asserted that "Constitutional morality supersedes social morality".
UCC aligns with ideas of Constitutional morality
① Art 44 mandating UCC aims to secure
secular equality based civil order.
② Gender Justice by: → Uniform method of divorce. → Equality in succession & inheritance. → Removing gender discrimination in personal laws.
③ It aims to build progressive rational society rooted in Part IV (DPSP) & Part IVA (Fundamental duties).
④ Simplifying legal structures to enable equal access to justice (Art 39A) & Rule of law (Art 14).
Challenges with UCC & Constitutional Morality → (1) Conflict between minority rights (Art 25-28) & Art 44 → (2) Equality based & not equity based. → (3) Difficult to reconcile tribal customs.
Law Commission suggested that UCC should come through democratic consensus to preserve constitutional ideals.
Close · a source
None written.