24th December 2019 : The Hindu Editorials Notes : Mains Sure Shot
Note – Today there is an interesting article on constitutional morality. With so many protests happening across the country to uphold the constitution and constitutional values let understand them in detail.
Question – What is constitutional morality and why is it worth defending?(250 words)
Context – The ongoing protests across the country.
What is Constitutional morality and justice?
- Justice and Rule of Law are perhaps two of the noblest concepts evolved by the wit of the man that survived the test of time throughout the world.
- To the Romans, Justice was a goddess whose symbols were a throne that tempests could not shake, a pulse that passion could not stir, eyes that were blind to any feeling of favour or ill-will, and the sword that fell on all offenders with equal certainty and with impartial strength.
- Ancient Indian culture pays a similar tribute to dispensers of justice and the Upanishads also proclaim that Law is the King of Kings. It is more powerful and rigid than they (Kings). There is nothing higher than law. By its power the weak shall prevail over the strong and justice shall triumph. Thus upholding Constitutional morality and judicial values is indispensable to ensure an individual his inalienable fundamental rights in the process of dispensing justice.
- But in the modern days there has been a precipitate diminution of admiration and a sharp erosion of the constitutional and judicial values which ought to actuate the administration of justice. Keeping the morality of the constitution or preserving, perfecting, and perpetuating it, has evolved as the greatest challenge for the contemporary States in the twenty first century.
Why is constitutional morality important?
- Constitutional morality simply means adhering to the core principles of the constitution. It is important to ensure the dignity and freedom of the individual.
- But the scope of the definition of Constitutional Morality is not limited only to following the constitutional provisions literally but vast enough to ensure the ultimate aim of the Constitution i.e. to ‘Constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens ‘social, economic, and political justice’, ‘liberty of thoughts, expressions, belief, faith and worship’. To secure equality of status and of opportunity.
- So when constitutional morality is at threat all these are under threat automatically.
The importance of the judiciary in ensuring constitutional values/ morality:
- Judiciary, an independent branch of government constitutionally entrusted with the fair and just resolution of disputes is pledged to preserve the rule of law and to protect the rights and liberties guaranteed by the Constitution and laws of the Land.
- It is entrusted to provide equal access to a fair and effective system of justice for all without excess cost, inconvenience, or delay, with sensitivity to an increasingly diverse society and quality service that continuously improves, that meets or exceeds public expectations, and that ensures that all are treated with courtesy, dignity, and respect, maintaining its independence from other branches of the Government and upholding justice.
- For example, the Keshavananda Bharati case – as we know our constitution is a great evolving document which gives enough scope to the parliament to amend it as the society evolves. This at times gives the power to the parliament to use this flexibility to its own gains ensuing a tussle between the Judiciary trying to act as a guardian to protect the citizen’s inalienable fundamental rights and the State pleading for social welfare producing forty second Amendments in Indian Constitution soon after the country celebrated its independence’s silver jubilee.
- But, by a stroke of judicial creativity, in the Kesavananda Bharati Case the court discovered the existence of a basic structure and basic features too inviolably paramount to be truncated even by the Constituent power of the Parliament and upheld the spirit of Indian Constitution which is easily discernible not only from the Preamble but the whole scheme of the Constitution.
- The Constitution which is embodied with the will of the people to govern themselves is not an end but a means to an end i.e. Justice, Social, Economic and Political, a triune phenomenon inscribed as a pledge in the Preambular glory of our Constitution and the adherence to Constitutional Morality and Judicial Values is inalienable in accomplishing it.
- In the presence of an elaborate Constitution embodying every human aspect for safeguarding the morality of individual and ensuring judicial values, if things go wrong under the Constitution the reason will not be that we had a bad Constitution but that we couldn’t safeguard it.
- Though the Indian constitution is vast and extensive, the people must be made aware of the basic principles that the constitution tries to uphold, like the vision of the preamble, fundamental rights and duties, so that the people know their rights and can hold the executive accountable.
Question – What is Brexit? Analyse the pros and cons of it. What impact will it have on India?(200 words)
Context – The recent referendum on Brexit.
What is brexit ?
- Brexit is a short form of Britain’s exit from the European Union (EU). A referendum took place in Britain to decide their membership with EU. 52% favoured brexit.
- UK no longer have to pay membership fee.
- UK get sovereignty; because earlier as a member of EU, UK have to give up some control over domestic affairs.
- Substantial cut in immigration, as migrants come in UK to take low-skilled jobs.
- It will increase security of UK from terrorist attacks, as brexit will put an end to open border.
- EU is a single market. After leaving the EU, UK will not benefit like exemption from tariffs and other barriers.
- Many investors use UK as a gateway to invest in EU. After brexit they can’t sell their products tax free to European countries. UK may lose its status of world’s biggest financial centre.
- Britain lose free entry to get jobs in Europe.
- Brexit supports de-globalisation.
Effect on India :
- Boost India-UK trade. Because after brexit UK will no longer be obliged to follow the strict rules of the EU.
- May benefit Indian students as after brexit, less number of applicants from other European countries.
- It is predicted that pound gets weaken. This will benefit Indian imports.
Way forward :
- Brexit being an external affair of the EU and Britain, India doesn’t have much role to play. What it can best do is keep a keen eye on the developments and take channelize its actions accordingly.