AIR 192 · CSE 2023 · GS2 · 60 pages

Mohit Gupta: GS2 answer copy

20 answers by Mohit Gupta, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 193 words written

What is constitutional morality? How far does the implementation of the Uniform Civil Code (UCC) align with the vision of constitutional morality as encompassed in the Indian Constitution?

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.