Q.1(b) Constitutional morality is not a natural sentiment but a product of civil education and adherence of the rule of law.” Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration. (10 Marks, 150 words)
Approach: Introduce by defining constitutional morality, can also quote Dr. B.R. Ambedkar. In the body, first address how constitutional morality is a product of civil education and rule of law. Secondly, mention the significance of constitutional morality for public servants in two parts – in promoting good governance and in ensuring accountability in public administration. Conclude with constitutional morality transforming administration into a vehicle of constitutional values. |
“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it”. – Dr. B.R. Ambedkar |
Constitutional morality is the guiding principle that ensures governance and societal conduct remain anchored to the ideals of the Constitution. For civil servants, it serves as an ethical compass to ensure decisions align with constitutional values rather than personal, political or populist interests.
Constitutional morality as a product of civil education and rule of law
Civil education
- Moral socialisation: Civil education inculcates values like constitutional ethics, civic duty and a democratic spirit in citizens.
- Empowering citizens: Educated citizens act as ethical stakeholders, questioning arbitrary actions of State authorities.
- Eg: Programmes such as SVEEP by the Election commission promote constitutional values like political participation and informed voting.
Rule of Law
- Legal framework for ethical conduct: The rule of law ensures that governance functions within the limits of the Constitution, preventing arbitrary actions.
- Judicial interpretation: Courts interpret the Constitution in light of constitutional morality to protect fundamental rights.
- Eg: In the Navtej Singh Johar V. UOI case (2018), the Supreme court decriminalised consensual same-sex relations, upholding constitutional morality over societal prejudices.
Significance of Constitutional morality for public servants
In promoting good governance
- Adheres to Integrity and impartiality: Public servants must ensure all actions are within the ambit of law, avoiding arbitrariness.
- Eg: In Kesavananda Bharati case (1973), the Supreme Court upheld the Basic Structure Doctrine, ensuring that public institutions function within constitutional limits
- Ensures Social justice and inclusivity: Constitutional morality ensures that governance is inclusive, protecting marginalized groups from discriminatory practices in public spaces.
- Eg: In Sabrimala case (2018), the Supreme Court allowed entry of women of all ages into the Sabarimala temple, holding that exclusion based on menstruation violated Articles 14, 15, and 25.
- Upholds probity: Constitutional morality discourages nepotism, corruption, and opacity, ensuring public trust.
- Eg: The Right to Information Act (2005) operationalizes Article 19(1)(a) and compels public servants to maintain records ethically and transparently.
- Safeguards democratic values: Public servants act as guardians of constitutional ethos during crises like communal violence or misuse of authority by political executives.
- Eg: During the Model Code of Conduct in elections, civil servants uphold impartiality, preventing misuse of public office for political gains.
In ensuring accountability in public administration
- Maintains transparency: Constitutional morality strengthens accountability mechanisms like RTI Act, social audits, and CAG reports. A civil servant inspired by these principles would proactively disclose information rather than conceal it.
- Eg: Implementation of MGNREGA social audits in Andhra Pradesh demonstrates how institutionalizing transparency enhances public trust and reduces
- Resistance and Integrity: Constitutional morality demands probity in public life and adherence to an ethical leadership demonstrates how adherence to principles enhances efficiency and public trust.
- Eg: S. Sreedharan (Metro man) resisted undue influence and delivered projects with honesty, embodying accountability rooted in constitutional values.
- Prevents majoritarianism: Public servants, as custodians of the Constitution, must ensure secularism and neutrality in administration.
- Eg: During communal tensions, officers upholding constitutional morality prevent biased decisions that could undermine equality before law.
For public servants, constitutional morality is not an abstract ideal but a practical ethical framework ensuring accountability, transparency, and justice in governance. It transforms administration into a vehicle of constitutional values, thereby strengthening democracy and public trust.