Indian Polity: April 2024 Current Affairs | Current Affairs: Daily, Weekly & Monthly - CLAT PDF Download

SC Expanded Scope of Articles 14 and 21

Context

In a significant ruling, the Supreme Court has expanded the scope of Articles 14 and 21 to include the right against the adverse effects of climate change.

Background of the Case

• The Ministry of Environment, Forests, and Climate Change, Ministry of Power, and Ministry of New and Renewable Energy requested modifications to SC's directives.
• Government expressed concerns about India's global carbon reduction commitments due to increased reliance on renewable energy sources.
• Concentration of major solar and wind energy installations in the same area posed challenges.
• Technical infeasibility of placing high voltage power lines underground was highlighted.
• SC revised its April 2021 order citing practical challenges like technical issues, land acquisition problems, and high costs.
• Verdict emphasized the importance of climate change jurisprudence and the need to balance renewable energy promotion with environmental conservation, including protection of the GIB.

Key Highlights of the Judgement

Pointed out Technical Challenges in Implementing the April 2021 Order

• The Supreme Court highlighted several technical challenges associated with implementing underground power transmission cables, noting that they are currently available only in 400 KV with lengths of 250 meters. 
• This limitation would result in more joints, potentially leading to leaks. Additionally, these cables exhibit approximately five times higher transmission loss due to inefficiencies in transmitting AC power. Furthermore, the Electricity Act does not provide for land acquisition for laying underground cables, unlike overhead transmission lines which require only a right of way.

Formed Nine-Member Committee of Experts

• In response to these challenges, the Supreme Court established a nine-member committee of experts tasked with evaluating the feasibility of undergrounding power lines in specific areas. 
• The committee has been instructed to submit its findings by July 31, 2024.

Pointed out India’s Commitment towards Renewable Energy

• The court underscored India's ambitious renewable energy targets, aiming to achieve an installed capacity of 175 GW (Gigawatts) by 2022 and a future goal of 450 GW by 2030. 
• It emphasized that transitioning to non-fossil fuel sources is not only a strategic energy objective but also a crucial environmental imperative. Investing in renewable energy not only addresses pressing environmental concerns but also generates various socio-economic benefits.

Highlighted the Benefits of Promoting Renewable Energy

• Emphasizing the role of renewable energy in promoting social equity, the court noted that it ensures clean and affordable energy access for all segments of society, particularly in rural and underserved areas. 
• This contributes significantly to poverty alleviation, improves quality of life, and fosters inclusive growth and development across the nation.

India Urgently Needs to Shift to Solar Power

• The Supreme Court outlined three imminent challenges necessitating India's transition to solar power: projected growth in global energy demand (with India accounting for 25% over the next two decades), the imperative to enhance energy security and self-sufficiency while mitigating environmental impacts, and the urgent need to combat air pollution caused by fossil fuels. 
• Additionally, declining groundwater levels and reduced rainfall underscore the importance of diversifying energy sources, particularly towards solar power which does not strain groundwater supplies.

Climate Change through the Lens of Rights

• Addressing the intersection between climate change and human rights, the court emphasized the imperative for states to address climate impacts within a rights-based framework. 
• It stressed that the right to a healthy and clean environment is inherent in the duty of care, compelling states to take effective measures to mitigate climate change and enable individuals to adapt to climate challenges.

Highlighted Existing Constitutional Provisions and Associated Challenges

• The Supreme Court referenced constitutional provisions like Article 48A and Clause (g) of Article 51A, which emphasize environmental protection and citizens' duty to safeguard natural resources. 
• However, it acknowledged that these provisions are not legally enforceable but serve as acknowledgments of the Constitution's recognition of the natural world's significance.

Expanded the Scope of Fundamental Rights to Include Protection against Adverse Effects of Climate Change

• By interpreting Articles 14 and 21 of the Constitution, the Supreme Court expanded fundamental rights to encompass protection against the adverse impacts of climate change. 
• It stressed that a clean, stable environment is integral to the realization of the right to life and personal liberty, as well as the right to health. Failure to address climate change disproportionately affects underserved communities, violating their rights to life and equality.

Curative Petition

Context

The Supreme Court of India has utilized its "extraordinary powers" through a curative petition to reverse its earlier judgment from 2021, which directed the Delhi Metro Rail Corporation (DMRC) to pay an arbitration award of nearly Rs 8,000 crore to Delhi Airport Metro Express Private Limited (DAMEPL), led by Reliance Infrastructure Ltd-consortium.

What is a Curative Petition?

• Definition: A curative petition is a legal remedy available after the dismissal of a review plea against a final conviction.
• Objective: It aims to rectify a serious miscarriage of justice and prevent abuse of the legal process.
• Decision Process: Typically decided by judges in chambers, though open-court hearings may be granted upon specific request.
• Legal Basis: The principles governing curative petitions were established by the Supreme Court in the case of Rupa Ashok Hurra Vs Ashok Hurra & another Case, 2002.

Criteria for Entertaining a Curative Petition

• Violation of Natural Justice: Demonstrating a breach of principles of natural justice, such as lack of opportunity for the petitioner to be heard before the court's order.
• Apprehension of Bias: Admission may be warranted if there are grounds to suspect bias on the part of the judge, like failure to disclose relevant facts.

Guidelines for Filing a Curative Petition

• Certification by Senior Advocate: Accompanied by a certification from a senior advocate highlighting substantial grounds for consideration.
• Initial Review: First assessed by a bench comprising the three senior-most judges, along with those who passed the original judgment if available.
• Hearing: Listed for consideration if a majority of judges deem it necessary, preferably before the same bench that issued the initial judgment.
• Role of Amicus Curiae: The bench may appoint a senior counsel as amicus curiae to assist at any stage of the curative petition consideration.
• Cost Implications: The bench may impose exemplary costs if it determines that the petition lacks merit and is vexatious.
• Judicial Discretion: Emphasizing the rarity of curative petitions, they are reviewed cautiously to preserve the judicial process's integrity.

What are the Special Powers of the Supreme Court of India?

• Dispute Resolution: Article 131 grants the Supreme Court exclusive original jurisdiction in disputes involving legal rights between the Government of India and one or more States, or between States themselves.
• Discretionary Jurisdiction: Article 136 provides the power to grant special leave to appeal from any judgment, decree, or order made by any court or tribunal in India, excluding military tribunals and court-martials.
• Advisory Jurisdiction: Under Article 143, the President of India can refer specific matters to the Supreme Court for its opinion.
• Contempt Proceedings: Articles 129 and 142 authorize the Supreme Court to punish for contempt of court, including contempt of itself, either suo motu or petitioned by specified legal officers or individuals.
• Review and Curative Powers: Article 145 empowers the Supreme Court, with the President's approval, to establish rules for regulating the Court's practice and procedure, including rules for reviewing judgments, determining costs, granting bail, and conducting inquiries.

Right to Privacy for Election Candidate

Context

Recently, the Supreme Court of India ruled that election candidates are not required to declare every movable asset, asserting their right to privacy from voters' scrutiny.

What are the Key Facts About the Case?

• The Supreme Court examined a plea brought by an MLA from Arunachal Pradesh challenging a 2023 ruling of the Guwahati High Court, which nullified his election due to his failure to report three vehicles as assets in his election affidavit under the Conduct of Election Rules, 1961.
• The petition contended that the candidate breached Section 123 of the Representation of People Act (RPA), 1951 by not disclosing ownership of the vehicles, which was deemed a “corrupt practice.”
• The Supreme Court concluded that a candidate's decision to keep certain private matters unrelated to their candidacy undisclosed did not amount to a “corrupt practice” under Section 123 of the RPA, 1951.
• Additionally, the court ruled that such non-disclosure did not meet the criteria of a “defect of a substantial nature” under Section 36(4) of the 1951 Act.
• The court stressed that voters possess the right to crucial information to enable informed voting choices.

Right to privacy

• The right to privacy is a fundamental right safeguarding the personal sphere of individuals from intrusion by both governmental and non-governmental entities, enabling individuals to make independent life decisions.  
• In the landmark case of K.S. Puttaswamy vs Union of India in 2017, the Supreme Court affirmed privacy as an inherent and essential right, encompassing personal information and individual choices.  
• This right is enshrined within Article 21, protecting the autonomy and personal liberty of individuals.

What is RPA 1951 and the Corrupt Practices under the Act? 

About

• The Representation of People Act (RPA) of 1951 governs the conduct of elections and the qualifications and disqualifications of elected representatives. 

Provisions

• It regulates the conduct of elections. 
• It specifies the qualifications and disqualifications for membership in the parliament of legislative houses. 
• It provides provisions to curb corrupt practices and other offences. 
• It lays down the procedure for settling doubts and disputes arising out of elections. 
• Section 36(4) in the Act of 1951 mentions that the returning officer shall not reject any nomination paper on the grounds of any defect that is not of a substantial character. 

Corrupt Practices under RPA, 1951

• Corrupt Practices: Section 123 of the Act defines ‘corrupt practices’ to include bribery, undue influence, false information, and promotion of “feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language” by a candidate for the furtherance of his prospects in the election. 
• Undue Influence: The section defines undue influence as any direct or indirect interference, including threats, that hinders the free exercise of electoral rights. 
• Disqualification: Section 123(4) allows disqualification of an elected representative for certain offences, corrupt practices, failure to declare election expenses, or having interests in government contracts or works. 

Significance

• The act is significant for the smooth functioning of Indian democracy as it bars the entry of persons with criminal backgrounds into representative bodies, thus decriminalizing Indian politics.
• The act requires every candidate to declare his assets and liabilities and maintain an account of election expenses. This provision ensures the accountability and transparency of the candidate in the use of public funds. 
• It prohibits corrupt practices like booth capturing, bribery, or promoting enmity, ensuring the legitimacy and free & fair conduct of elections. 
• The act provides that only those political parties that are registered under section 29A of the RPA Act, 1951, are eligible to receive electoral bonds, ensuring transparency in electoral funding 

SC Concerned by Growing States’ Appeals Against Centre

Context

A division bench of Supreme Court verbally observed that various state governments are directly approaching the top court seeking similar reliefs while there should be no contest between the Centre and states.

Dimension-Reason behind increasing tussle

• Encroaching interesting areas: Areas of governance which are essentially local in nature are being encroached upon by Union as electoral compulsions require greater connect with the people. 
  • Example: Health being a state subject, the recent announcement by the Centre to provide free food grains to nearly 80 crore people is clearly part of this trend.
• Gradual encroachment by the Centre on the states' domain through direct funding and policy implementation, leading to challenges in service delivery and credit attribution. The Government in India is more involved directly in these state’s subjects.
• Take education and health, both primarily responsibility of the states and both encroached upon by the Centre.
• Fiscal centralization: The unequal distribution of financial resources between the Centre and the states, coupled with the Centre's increasing control over tax revenues, has fueled disputes over fiscal autonomy.
  • Example: Goods and Services Tax (GST), leading to tensions between the Centre and the states.
• Policy conflicts: Divergent political ideologies and policy priorities between the Centre and various states often result in disagreements over the implementation of national policies at the regional level.

Dimension-Required Measures

• Minding one’s work: The Centre must maintain the monopoly of the national agenda. It must though let the States do their own work. The Concurrent List must be dismantled or at least shrunk and a new list that empowers local governments be instituted.
• Decentralisation: The phraseology of and the need for decentralisation, delegation and devolution have appeared repeatedly in committees and commissions-including the Rajamanar (Centre-State Relations Inquiry) Committee, the Sarkaria Commission, the Administrative Reforms Commission and the 2010 report of the Inter-State Council on centre-state relations.
• Modern approach: Indian Polity demands a modern approach to transformation-the induction of efficiency, accountability and outcome orientation.

Constitutional Provisions in a Federal Structure

• Union-State Relations and Accountability: In a federal system, it is crucial for the Union government to address state needs while ensuring complete transparency and accountability in both entities' operations.
• Supreme Court's Original Jurisdiction (Article 131): The Constitution's framers anticipated disagreements between the Centre and States due to the quasi-federal and dual polity nature. Therefore, they vested the Supreme Court with original and exclusive jurisdiction to resolve such disputes involving legal rights.
• Institutional Mechanisms for Conflict Resolution: The National Development Council (established in 1952) and the Inter-State Council (established in 1990) under Article 263 are significant frameworks aimed at resolving Centre-State disputes and fostering cooperation.

Schedule VII of the Constitution

• Central List: Items listed here empower the Union government to legislate.
• State List: Enables states to legislate on specified subjects.
• Concurrent List: Both the Union and states can legislate, but central laws prevail. Over time, the Centre's legislative authority has expanded, limiting state lawmaking powers.
• Impact of the 42nd Amendment
  • The 42nd constitutional amendment transferred subjects like education and forests from the State List to the Concurrent List, curbing state authority and bolstering central powers.

Expanding the OCI Card Scheme

Context

India is considering expanding OCI Card benefits to overseas Indians in Fiji and other countries, following the relaxation of rules for Suriname. In 2023, India broadened the OCI card eligibility for descendants of Indian immigrants in Suriname, extending it from the fourth to the sixth generation.

What is Overseas Citizenship of India (OCI) Card?

About:

• The concept of OCI was introduced in response to demands for dual citizenship by the Indian diaspora, particularly in developed countries.
• The Ministry of Home Affairs defines an OCI as a person who:
• Was a citizen of India on or after 26th January 1950; or
• Was eligible to become a citizen of India on 26th January 1950; or
• Is a child or grandchild of such a person, among other eligibility criteria.
• According to Section 7A of the OCI card rules, an applicant is not eligible for the OCI card if he, his parents, or grandparents have ever been a citizen of Pakistan or Bangladesh.
• The category was introduced by the government in 2005. The Government of India via the Citizenship (Amendment) Act, 2015 merged the Person of Indian Origin (PIO) category with the OCI category in 2015.

Historical Background:

• The OCI Card scheme was launched during the Pravasi Bharatiya Divas in 2005.
• It was introduced as an acknowledgment of the persistent emotional attachment of the Indian diaspora to their country of origin.
• Limitations and Restrictions:
• They do not have the right to vote.
• They cannot hold constitutional offices or government jobs.
• They cannot purchase agriculture or farmland.

OCI Card and Civil Rights:

• The OCI Card does not confer political rights.
• Holders cannot participate in elections or hold public office, reflecting the government’s stance on maintaining clear boundaries between citizenship and overseas citizenship.

Benefits of the OCI Card:

• Multiple entry, multi-purpose lifelong visa to visit India.
• Exemption from registering with the Foreigners Regional Registration Office (FRRO) regardless of the duration of their stay.
• Parity with Non-Resident Indians (NRIs) in financial, economic, and educational fields.

Current Scenario:

• The OCI card scheme has been a key element of the Indian government’s effort to deepen its relationship with its diaspora.
• As of March 2020, the Home Ministry had issued over 3.5 million OCI cards. According to the Ministry of External Affairs (MEA), this number had exceeded 4 million by early 2022.
• The vast majority were issued to foreign nationals in the United States, United Kingdom, Australia, and Canada.
• The focus on expanding the OCI card scheme highlights India's efforts to engage with and support its overseas Indian communities around the world.

FSSAI to Initiate Action Against Nestle

Nestle Faces Allegations of Adding Sugar to Baby Cereal in India

• India's Union Consumer Affairs Ministry has instructed the Food Safety and Standards Authority of India (FSSAI) to probe Nestle over claims of adding excessive sugar to its Cerelac baby cereal sold in India. 
• The concern arises from the disparity in sugar content between Nestle's baby cereal products in India and those in developed countries like Germany, Switzerland, France, and the United Kingdom.

Health Risks Associated with Sugary Baby Food

The World Health Organization (WHO) has cautioned against the risks associated with high sugar levels in baby food. Excessive sugar intake during infancy can contribute to obesity and other non-communicable diseases (NCDs) such as heart disease, cancer, and diabetes later in life.

Ethical Responsibilities of Food Companies

• Food companies are ethically obligated to prioritize consumer health and safety, particularly for vulnerable groups like infants. 
• This includes transparent ingredient labeling, emphasis on nutritional quality, responsiveness to consumer concerns, ethical marketing practices, and upholding corporate accountability and governance standards.

Food Safety Regulations in India

• The Food Safety and Standards Act, 2006 (FSS Act) is the principal legislation governing food safety in India, enforced by the Food Safety and Standards Authority of India (FSSAI). 
• These regulations cover various aspects of food safety such as manufacturing practices, labeling, hygiene, contaminants, licensing, food import regulations, testing, recall procedures, and traceability.

National Curriculum for Early Childhood Care and Education 2024

Context

The Ministry of Women and Child Development (MWCD) has launched the National Curriculum for Early Childhood Care and Education 2024 named ‘Aadharshila’.

Centre Releases Curriculum Framework for 3 to 6-Year-Olds

• India has 14 lakh anganwadis spread across villages, serving as key centers for health and nutrition support for pregnant mothers and children.
• The Ministry of Women and Child Development (MWCD), in collaboration with the Ministry of Education, aims to transform these anganwadis into preschools.
• They envision anganwadis to provide both  health services and basic education to children.
• This shift aims to strengthen children’s foundational literacy and numeracy skills from an early age.

About Aadharshila

• Aadharshila curriculum is released by the Ministry of Women and Child Development (MWCD).
• This curriculum aligns with the National Education Policy 2020 and the National Curriculum Framework.
• Objective: It aims to boost basic reading and math skills for three to six-year-old children in anganwadis.
• It is a detailed 48-week curriculum of learning over three years.
• The framework covers various domains, including cognitive, physical, social, and emotional development.

Key Components of Aadharshila

• Four-Week Transition: This curriculum presents a structured weekly schedule of play activities spanning four weeks, emphasizing academic engagement to ease children's transition from home to the anganwadi center.
• Thirty-Six Weeks of Exploration: Following this initial phase, the subsequent 36 weeks prioritize exploration and unstructured play, incorporating conversations, creative pursuits such as storytelling and art, and reflections on personal experiences.
• Storytelling with Key Lessons: Storytelling sessions cover essential themes like conflict resolution, responsibility, and cooperation.
• Educational Content: Children engage with lessons on colors, shapes, numbers, senses, body parts, family dynamics, and social interactions. They practice listening, following instructions, basic counting, and sound recognition. Themes also encompass seasonal changes, festivals, and food.
• Review and Consolidation: In the final eight weeks, there's a recap of earlier lessons through worksheets, allowing for observation of children's progress.
• Tailored Activities for Different Age Groups: Activities and timetables are tailored to varying age groups, featuring detailed instructions, lists of required materials, and specific goals to guide teachers.

National Framework for Preschool Education: Empowering States

Supporting State Solutions:

• The national framework for children aged three to six will guide states in creating their own suitable curriculums.
• This approach addresses later school challenges by offering tailored solutions.

Importance of Structured Guidance:

• Before, states without a curriculum treated preschool as an extension of primary education, mainly focused on reading and writing.

Article 244(A) of the Constitution

Context

Recently, in Assam's predominantly tribal Diphu Lok Sabha constituency, candidates from all political parties have pledged to implement Article 244(A) of the Constitution, aiming to establish an autonomous 'state within a state.'

• The demand for autonomy in the region dates back to the 1950s movement for a separate hill state.
• Despite the creation of Meghalaya in 1972, leaders of the Karbi Anglong region opted to remain with Assam, hoping for autonomy through Article 244(A).

What is Article 244(A) of the Indian Constitution?

• Article 244 in Part X of the Constitution envisages a special system of administration for certain areas designated as ‘scheduled areas’ and ‘tribal areas’.
• Article 244(A) was added to the Constitution through the Twenty-second Amendment Act in 1969.
• It allows Parliament to enact a law to establish an autonomous state within the State of Assam comprising all or some of the tribal areas specified in the Sixth Schedule.

What is the Sixth Schedule of the Indian Constitution?

• About: Sixth Schedule covers provisions relating to the administration of tribal areas in the states of Assam, Meghalaya, Tripura and Mizoram.
• Autonomous Districts: Tribal areas in Assam, Meghalaya, Tripura, and Mizoram are governed as autonomous districts but remain under the state's executive authority.
  • The governor holds the power to reorganize these districts, including adjusting their boundaries, names, and even dividing them into multiple autonomous regions if there are diverse tribal populations.
  • Acts of Parliament or state legislature might not apply directly to these districts unless adapted with specified modifications.
• Autonomous District Councils: Each autonomous district has a district council consisting of 30 members, with 4 nominated by the governor and the remaining 26 elected through adult franchise for a standard term of 5 years, unless dissolved earlier.
  • They can make laws on certain specified matters like land, forests, canal water, shifting cultivation, village administration, the inheritance of property, marriage and divorce, social customs and so on.
  • But all such laws require the assent of the Governor.
• They can constitute village councils or courts for trial of suits and cases between the tribes. They hear appeals from them.
  • The jurisdiction of the high court over these suits and cases is specified by the governor.
• The governor also has the authority to appoint commissions to review district administration matters and can dissolve councils based on their recommendations.

District Election Management Plan

Context

The organization of elections has evolved into a complex and diverse process, requiring meticulous preparation to ensure fairness, freedom, and inclusivity in the electoral process.

District Election Management Plan (DEMP)

• The District Election Management Plan (DEMP) is a foundational strategy crafted by the Election Commission of India (ECI) to oversee elections at the district level. It must be drafted at least six months before the tentative election date, although revisions are necessary once the election is officially announced. 
• The plan requires coordinated efforts among election officials, administrative bodies, law enforcement, and other stakeholders, including political parties and media, to ensure compliance with electoral regulations.

Key Components of the DEMP

• The plan begins with a district profile outlining electoral constituencies, demographic data, infrastructure details, administrative structure, and socio-economic characteristics. It addresses the improvement of polling station accessibility and amenities, especially for voters with disabilities and senior citizens. 
• The Systematic Voters’ Education and Electoral Participation (SVEEP) plan, integral to the DEMP, focuses on enhancing voter participation through tailored strategies, including social media engagement and community outreach.
• The DEMP also encompasses a comprehensive strategy for the planning, training, welfare, and deployment of election personnel, along with a detailed force deployment plan in collaboration with local law enforcement. 
• Special attention is given to the management and security of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs).

Electronic Voting Machines (EVMs) Management

• Effective management of EVMs is critical to upholding the integrity of the electoral process, including secure storage, transportation, and maintenance plans for EVMs and VVPATs.

Beyond Elections

• The DEMP's structured approach serves as a blueprint for organized and inclusive voting experiences. Its emphasis on planning, data analysis, collaboration, and transparency offers broader governance insights, emphasizing the importance of proactive strategies and stakeholder engagement in overcoming challenges effectively.

Voter Verifiable Paper Audit Trail (VVPAT)

• The VVPAT system provides voters with feedback on their chosen candidate during elections, enhancing transparency and trust in the electoral process. Introduced as a pilot project in 2014 and subsequently deployed nationwide in India, VVPAT systems play a crucial role in ensuring electoral accountability and accuracy.

Constitutional Morality

Context

The recent apprehension of a sitting chief minister over corruption allegations raises legal, political, and constitutional issues and prompts inquiries into its alignment with constitutional ethics, particularly within a parliamentary democracy such as India.

What is Constitutional Morality?

About:
Constitutional morality (CM) is a concept that refers to the principles and values underlying a constitution that guide the actions of both the government and the citizenry.

• The concept of constitutional morality was propounded by the British Classicist George Grote in the 19th century.
• He described CM as a “paramount reverence for the forms of the Constitution” of the land.
• In India, the term was first used by Dr. B.R. Ambedkar.

Pillars of Constitutional Morality:

• Constitutional Values: Upholding the core values enshrined in the Constitution, such as justice, liberty, equality, fraternity, secularism, and the dignity of the individual.
• Rule of Law: Upholding the supremacy of the law where everyone, including government officials, is subject to and accountable under the law.
• Democratic Principles: Ensuring the functioning of a representative democracy where citizens have the right to participate in decision-making processes and hold their elected representatives accountable.
• Fundamental Rights: Respecting and protecting the fundamental rights guaranteed by the constitution, such as the right to equality, freedom of speech and expression, right to life and personal liberty, etc.
• Separation of Powers: Maintaining the separation and balance of powers between the legislative, executive, and judicial branches of government to prevent any one branch from becoming too powerful.
• Checks and Balances: Establishing mechanisms and institutions that provide checks and balances to prevent abuse of power and protect the rights of individuals.
• Constitutional Interpretation: Interpreting the constitution in a manner that promotes its underlying principles and values while adapting to changing societal needs and circumstances.
• Ethical Governance: Ensuring ethical conduct in governance, transparency, accountability, and integrity in public service.

Conditional Morality and Indian Constitution:

• The term "constitutional morality" is not explicitly mentioned in the Indian Constitution.
• However, the concept is inherent in the document's core principles, emphasising values like justice, equality, and liberty.
• These principles are found throughout the constitution, including the Preamble, Fundamental Rights, and Directive Principles of State Policy.
• Its essence is also reflected in various Supreme Court judgements.

Judgments Upholding Constitutional Morality:

• Kesavananda Bharati v. State of Kerala, 1973: This case established the "basic structure doctrine," which essentially limits Parliament's power to amend the Constitution and ensures its core principles remain intact.
• This can be seen as an early instance of the court upholding the spirit of the Constitution.
• SP Gupta Case (First Judges Case), 1982: The Supreme Court labelled a constitutional breach as a severe violation of constitutional morality.
• Naz Foundation v. Government of NCT of Delhi, 2009: This judgment decriminalised consensual same-sex relationships between adults.
• The court emphasised that "constitutional morality" should prevail over societal perceptions of morality, upholding individual rights.
• Manoj Narula v. Union of India, 2014: SC stated that "Constitutional Morality means to bow down to the norms of the Constitution and not act in a manner which would become violative of the rule of law of action in an arbitrary manner.
• Indian Young Lawyers Association v. State of Kerala (Sabarimala Case), 2018: The court struck down the practice of excluding women of a certain age group from the Sabarimala temple.
• It emphasised that "constitutional morality" includes principles of justice, equality, liberty, and fraternity, which outweighed religious customs restricting women's entry.
• Navtej Singh Johar v. Union of India, 2018: This case read down Section 377 of the Indian Penal Code, which criminalised homosexuality.

Challenges to Constitutional Morality in India:

• Political Interference: One of the significant challenges is political interference in the functioning of constitutional bodies and institutions.
• This interference can undermine the autonomy and impartiality of these institutions, affecting their ability to uphold constitutional values.
• For example, there has been criticism surrounding the recent changes to the appointment committee for the Election Commission of India and the amended IT Rules 2023.
• Judicial Activism vs. Judicial Restraint: Balancing judicial activism with judicial restraint is another challenge.
  • While judicial activism can promote the protection of rights and enforcement of constitutional values, excessive activism can encroach upon the domain of the executive and legislature.
• Enforcement and Compliance: Despite having a robust constitutional framework, ensuring effective enforcement and compliance remains a challenge.
  • Implementation gaps, delays in justice delivery, and lack of awareness about constitutional rights among the general populace contribute to this challenge.

Way Forward

• Strengthening Institutions: Upholding constitutional morality necessitates strengthening the independence, integrity, and effectiveness of institutions such as the Election Commission, National Investigation Agency (NIA) and Central Bureau of Investigation (CBI).
• Ensuring transparent appointments, reducing political interference, and enhancing accountability mechanisms are critical steps.
• Promoting Civic Education: Increasing awareness and understanding of constitutional rights and values among the public, especially youth, is vital.
• Civic education programs in schools and colleges can instil a sense of constitutional responsibility and empower citizens to participate meaningfully in democratic processes.
• Enhancing Access to Justice: Improving access to justice, particularly for marginalised and vulnerable communities, is essential for upholding constitutional principles.
• This includes expanding legal aid services, reducing judicial backlog, simplifying legal procedures, and promoting alternative dispute resolution mechanisms.
• Encouraging Ethical Leadership: Promoting ethical leadership and governance practices at all levels is vital for upholding constitutional values.
• Leaders and public officials should demonstrate integrity, accountability, and a commitment to serving the public interest, thereby setting a positive example for society.
• Adapting to Evolving Challenges: Continuously adapting legal and institutional frameworks to address emerging challenges to constitutional morality, such as technological advancements, globalisation, and environmental concerns, is necessary for relevance and effectiveness.