Alok Prasanna Kumar, Nov 13 2019, 17:46 ist; updated: Nov 13 2019, 17:56 ist; For two hours everyone heard him with rapt attention and admiration. Consequently, the court referred the matter to a constitutional bench, not less than seven judges, with the instruction to define the constitutional morality, the court remarked that “the expression constitutional morality had not been defined in the Constitution and the contours of that expression needed to be delineated lest it becomes subjective.[xl]. Grote gave this statement of constitutional morality for Greek law which was cultivated recently at that time. Constitutional morality is an important concept that is a part of the polity segment of the UPSC syllabus. However, there is a continuing hue and cry from a section of the society[iv] that claims that the use of undefined concepts like ‘Constitutional Morality’ can be hazardous to our constitutional values. It has helped us keep apace with events and happenings. We promise to deliver quality journalism that stays away from vested interest and political propaganda. Without constitutional morality, the operation of the constitution tends to become arbitrary, erratic and capricious. [xxvi] Indian Young Lawyers Association v. the State of Kerala, (2018) SCC Online SC 1690. Because then, it will not be a question of prime-time jingles on a clean India; the focus will shift on each of us to take the moral and physical responsibility of cleaning our own sewers and keeping ourselves free of the risk of toxic death. One recent example that has long this list is, ‘Constitutional Morality’. [ii] E. P. Royappa vs State Of Tamil Nadu & Anr 1974 SCR (2) 348, [iii]  Chiranjit Lal v. Union Of India AIR 1981 SC 41, [iv] Andre Béteille, “Constitutional Morality”, Economic and Political Weekly, vol. Discuss. While Supreme Court’s judgments in the above landmark cases highly emphasized the importance of revering Constitutional morality, Justice Indu Malhotra’s dissenting opinion and interpretation of the term in the Sabrimala case [15] is worth noting to understand how the concept of Constitutional morality has taken different notions by the different jurist. [vi] A time when discussions on the constitution morality were popularly going on in the United States. The lesson on the importance of intersections in constitutional reasoning today is brought home to us in this case in yet another way. The principle of non-retrogression in the matter of fundamental rights has now been unequivocally stated. Though High Court asked Union Carbide to pay compensation of 350 crores to the victim. The Supreme Court held that policies of a state government directed against an element of the basic structure of the Constitution would be a valid ground for the exercise of the central power under Article 356. "Taking an opinion poll and legislating is the job of the legislature. Justice Chandrachud in his judgment in Sabarimala case while upholding constitutional morality against religion said that: For decades, this Court has witnessed claims resting on the essentiality of a practice that militate against the constitutional protection of dignity and individual freedom under the Constitution. Another famous case when a mention of “breach of constitutional morality” of having been committed was the First Judges case, a.k.a. Constitutional Morality: A doctrine of radical transform0ative character The challenge before the nine judges Constitution Bench is twofold. case of differences. This is also because whenever the court gives the excuse of constitutional morality it always supplements it with any already existing provisions of the constitution which needless to say are itself capable of serving the intended purpose. Constitutional morality is adherence to constitutional democracy. Can’t we achieve the object of our constitution without the assistance of constitutional morality? Grote has defined constitutional morality as, “A paramount reverence for the forms of the constitution, enforcing obedience to the authorities acting under and within those forms, yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities as to all their public acts, – combined too with perfect confidence in the bosom of every citizen, amidst the bitterness of party contest, that the forms of the constitution will be not less sacred in the eyes of his opponents than in his own.” [ix]. . Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. laws prohibiting private homosexual activity, sodomy, and oral sex between consenting adults are unconstitutional. The Hindu has always stood for journalism that is in the public interest. [viii] This is when Ambedkar first time confronted with the doctrine of constitutional morality given by George Grote in his book. mysterious illness | One dead, number of cases crosses 300 in Eluru, Coronavirus | About 130 Covaxin trial volunteers may test positive, says Bharat Biotech, Indian Navy wants to join IAF in fighter jet shopping. We witnessed last month a triumphal return of constitutional morality as a guiding principle for constitutional interpretation. In the past, we have seen such developments in the form of the ‘Basic Structure of the Constitution’ evolved in the famous case of Keshavananda Bharti v. Union of India[i], ‘arbitrary test’ evolved in the case of E. P. Royappa vs State Of Tamil Nadu & Anr [ii] or classification test evolved in the case of Chiranjit Lal v. Union Of India[iii] there are several examples of such developments. You have reached your limit for free articles this month. He even called this a ‘Dangerous Weapon’ handed over to the judiciary. At ProceJureLaw, we provide our readers with enriching content, pertaining to the legal field and beyond. 35-42 (2008); Pratap Bhanu Mehta, “What is Constitutional Morality?”, Seminar (2010), available at https://www.india-seminar.com/2010/615/615_pratap_bhanu_mehta.htm (last visited 3 September 2020); Aradhana Cherupara Vadekkethil, “Constitutional Morality in the Indian Constitution by Surabhi Shukla”, South Asian Law Discussion Group Blog, Faculty of Law, University of Oxford, 12 March 2018, available at https://www.law.ox.ac.uk/current-students/graduate-discussion-groups/south-asian-law-discussiongroup/blog/2018/03-0 (last visited 3 September 2020); Kalpana Kannabiran, “The scope of constitutional morality”, The Hindu, 4 October 2018, available at https://www.thehindu.com/opinion/lead/the-scope-ofconstitutional-morality/article25115335.ece (last visited 3 September 2020). Research paper which was submitted for the module on Comparative Constitutional Law in 2012. Here, the court also opined that constitutional morality is a second basic structure doctrine. In his address at Amaravati, the CJI also addressed the issue of pendency of cases and vacancies among judiciary, saying these have made the judiciary extremely vulnerable. [xxx] Constitution of India 1949, Article 26. Murthy auditorium on the Andhra University’s Engineering campus was packed to the full with quite a few standing to hear the renowned advocate who enthralled the audience with his oratory and profundity. [Vol. Gupta v. Union of India . Another example of constitutional morality is the case of Navtej Johar Singh Vs. Union of India. What are its sources. In this case Supreme Court had overruled its own previous judgment of Suresh Kaushal vs. Union of India and decimalizes the archaic Section 377 of Indian Penal Code which criminalizes consensual sex except for heterosexual penile-vaginal. 3358 of 2018, majority judgment dated 14 November 2019. Answer: ‘Constitutional morality’ can be defined as a moral responsibility of an individual to be faithful towards constitutional values and uphold them with utmost integrity, without any compromise. Each one seems to be absolutely clear about the scope, meaning and relevance of the phrase befitting its utility to the cause she intends to espouse. While it is encouraging that 23 high courts have endorsed the Supreme Court’s view on urgency, governments must cooperate too, in order to show their willingness to bring tainted legislators to justice. However, here the judiciary with the aid of constitutional morality disturbed this very purpose of our constitution drafters. However, the present case makes an interesting point by indicating that public morality and constitutional morality diverge at some points, and that regulation of public morality, unless it overlaps with constitutional morality, would not constitute compelling state interest to curb fundamental rights. [x] Constituent Assembly Debates of India, vol. The author finds the answer in negative. The court cited a second provision as well: Article 15(2) which prohibits any form of horizontal discrimination drawing again from the experience of untouchability that obstructed the universal use of public places, restaurants, water sources, etc. This, consequently, raises the ambiguity which needless to say marks an adversarial effect upon the functioning of the judiciary. Which by then was not subjected to other provisions of part III of the constitution unlike the article 25. Without constitutional morality, the operation of a constitution tends to become arbitrary, erratic, and capricious. The concept of Constitutional Morality was used in an important case of Navtej Singh Johar which employed this concept in an innovative manner to strike down Section 377 of the Indian Penal Code and decriminalize homosexuality. But on our streets, we only observe it in the breach especially in the case of manual scavengers. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. [xiii] However, he acknowledges that such acceptance is an indispensable condition for having a free and peaceable government. There is neither accountability nor due diligence on the part of the state. As we fight disinformation and misinformation, and keep apace with the happenings, we need to commit greater resources to news gathering operations. [xxi] Norris v. Republic of Ireland 142 Eur. The genealogy of Ambedkar’s signposting of constitutional morality may be traced to the strength of anti-caste resistance and the abolition of untouchability. at 5. The first aspect is the importance of judicial empathy. Secondly, in the constitutional assembly when the draft of article 26 was motioned the members of the assembly unanimously removed the phrase which stated that “it would be the subject of general law” from the clause. Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. [xi] Russell Meiggs, “Cleisthenes of Athens”, Encyclopaedia Britannica, available at https://www.britannica.com/biography/Cleisthenes-of-Athens (last visited 3 September 2020). [xxxix] Suresh Kumar Koushal v. Naz Foundation (2014) 1 SCC 1, Navtej Johar v. Union of India (2018) 10 SCC 1. The Supreme Court, in its infinite wisdom, has widely expanded the adoption of the cosmic doctrine of ‘constitutional morality’. Legislators are meant to uphold constitutional morality; they cannot be allowed to enjoy protracted trials when they are under the shadow of criminal offences, some allegedly heinous ones. The fact that it is still possible for people to be sent into sewers without protection, and to be forced to perform degrading labour is enough for us to sit up and take note. There has been a steady rise in deaths of conservancy workers, and a steadier normalisation of the risks to life they bear on a daily basis. a challenge Dworkin fails to meet. 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The Indian Constitution is a living document that consistently evolving whether by the judicial interpretation or by the introduction of different-2 legislations new dimensions of the constitution are being unfolded which conspicuously tends to uphold the majesty of the constitution. [vi] “in the 1910s”, available at http://www.columbia.edu/itc/mealac/pritchett/00ambedkar/timeline/1910s.html (last visited 3 September 2020). Subscribe to The Hindu now and get unlimited access. 'Constitutional morality can be very dangerous': Attorney General KK Venugopal fears SC may become third Parliament chamber Criticising the top court for depending on the Constitutional morality, the Attorney General while speaking at the Second J Dadachanji Memorial Debate said, 'The use of Constitutional morality can be very, very dangerous and we can't be sure where it will lead us to. This view of the judiciary towards the constitutional morality was again reiterated in the case of Joseph Shine v. Union of India[xxv] where the constitutional validity of section 497 of the Indian Penal Code was challenged. Constitutional Morality is considered to be of paramount reverence. The Supreme court there by interpreted constitutional morality by subjugating Article 25 to Article 14. However, this concept appears to have come under severe criticism with Sabarimala Temple Case. The court held that this provision is a reflection of such population norms or what we can say public morality and in light of constitutional morality, such provisions can’t be allowed. at 6-7. The case is also famous as Bhopal Gas Tragedy. As by 2010, the apex court had used this concept around ten times at max. However, courts of law from time to time called upon to resolve a multiplicity of issues related to […] However, courts of law from time to time called upon to resolve a multiplicity of issues related to […] To end with Ambedkar: “We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy.”, Kalpana Kannabiran is Professor and Director, Council for Social Development, Hyderabad. ‘Constitutional morality: Is it a dilemma for state, courts and citizens?’ The huge Dr.Y.V.S. Mahesh Nath, “Constitutional Morality – A Need for Consensus on the Concept”, SSRN, 10 April 2019, available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3353874 (last visited 3 September 2020). However, a detailed analysis will enlighten the fact that the unfettered power carried by the judiciary under the guise of constitutional morality has already started striking down this very purpose. The court in this case extended the scope of Article 21 and 32 of the Constitution of India. “Nor have the Bar and the Bench, and the mushrooming legal aid and advice programmes shown any awareness of the exploitative conditions of work imposed upon the scavengers and sweepers under the employment of municipal corporations or related local bodies… [T]he exploitative conditions of work constitute governmental defiance of the law and the Constitution, which can be best summed up as a crucial component of overall governmental lawlessness in the country since Independence.”. Another instance of conflicts between the law and religious faith, can be seen case of polygamy being practice on Islam faith. [xiv] Constituent Assembly Debates of India, vol. [xxxii] Constitution Assembly debates (Volume III 1st May 1947). While after this a significant jump has been noticed as in 2018 alone the apex court used this phrase more than ten times. The concept of Constitutional Morality is present in the constitutional scheme, particularly in the Preamble, Part III (fundamental rights) and Part IV (Directive Principles of State policy). Important for citizen consideration today is the fact that the Supreme Court, in deciding on the unconstitutionality of Section 377, recognised that the four corners of the Constitution rest on a social reality steeped in prejudice, stereotypes, parochialism, bigotry, social exclusion, and segregation. It is part of an ideological framework that permeates the institutional apparatus of government. We are all agreed that the de minimis approach is bad law — rule by law rather than rule of law, as it should be, to echo Justice D.Y. Marlin E. Olmsted, of Pennsylvania, in the House of Representatives”, 16 July 1912, Congressional Record ID: CR-1912-0716 (available on Lexisnexis.com); “Bulle. Will a general strike of all conservancy workers across the country bring the country to its knees? A) (1988). In the case Indian young lawyers association vs. Union of India and others, popularity known as Sabarimala case the Supreme Court applied Article 14 in religious matters. [xix] S.P. A five-judge bench of the Supreme Court of India, in Navtej Singh Johar v. Union of India, deployed this framework to reaffirm the rights of LGBTQ and all gender non-conforming people to their dignity, life, liberty, and identity. Ct. H.R. These signposts require us to contemplate and act on the meanings and expressions of “intrinsic dignity” for conservancy workers and safai karamcharis. We struggle against the caricaturing of this extremely stigmatising, violently exploitative and degrading form of forced labour by a government and civil society that showcases empty rhetoric and ceremony around “cleanliness”, while decimating an entire class of citizens through callous neglect with impunity. There are three crore pending cases. Alok Prasanna Kumar, New Delhi , Nov 14 2019, 22:19 ist; updated: Nov 15 2019, 02:16 ist; Chandrachud. Shivam Mishra from Dr. Ram Manohar Lohiya National Law University, Lucknow“As a law student I have my deep interests in writing and reading particularly about the constitution law. This displaying the selective approach of the court regarding constitutional morality. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.” This is a fundamental right and therefore justiciable and enforceable by courts, which shall call governments to account. Your support for our journalism is invaluable. So for example in the Naz Foundation case, the court can easily give the reference of the right to equality while supporting it with the case of Norris v. the Republic of Ireland (which they did in the real case also). This article describes the evolution of constitutional morality by differentiating between time periods and commenting upon the same along with substantial judicial interpretation. Shukla began by elucidating the pressing need to locate constitutional morality in the Indian Constitution. Change ), ProceJureLaw © 2020 – All Rights Reserved, Decriminailisation of Abortion Laws In Northern Ireland – An End To A Grotesque Religious Culture, Juvenile Delinquency: An Assessment of Psychological Approaches and Prevention, Constitutional Morality: A Critical Analysis, https://www.india-seminar.com/2010/615/615_pratap_bhanu_mehta.htm, https://www.law.ox.ac.uk/current-students/graduate-discussion-groups/south-asian-law-discussiongroup/blog/2018/03-0, https://www.thehindu.com/opinion/lead/the-scope-ofconstitutional-morality/article25115335.ece, https://www.livelaw.in/constitutional-morality-adangerous-weapon-it-will-die-with-its-birth-kk-venugopal/, https://scroll.in/article/905858/indias-attorney-general-is-wrong-constitutional-morality-is-not-a-dangerousweapon, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3353874, http://www.columbia.edu/itc/mealac/pritchett/00ambedkar/timeline/1910s.html, http://www.columbia.edu/itc/mealac/pritchett/00ambedkar/timeline/graphics/courses.html, https://babel.hathitrust.org/cgi/pt?id=hvd.hw20pr&view=1up&seq=7, https://www.britannica.com/biography/Cleisthenes-of-Athens, https://lexlife.in/2020/05/14/constitutional-law-doctrine-of-constitutional-morality/. Id. Consequently, he gave this statement where he tried to express that initiation of the constitution is not everything the morality of it should also be implemented to uphold the majesty of the constitution and for which natural sentiment of respect should be genome among the people. In this sense, constitutional morality is the morality of a constitution. They claim that through this broad concept which neither has been defined nor been mentioned anywhere in the constitution gives unchecked and enormous power to the judiciary which through the instrumentation of this can pronounce any judgment as to its whims and fancies. While the Constitution certainly accords to the judiciary the role of its watchdog, surely it cannot be anyone’s case that constitutional morality requires an unelected and autonomous organ to encourage the public to put stock in the notion that some organs are more trustworthy than the other under the Constitutional framework. The Court here stated that constitutionals morality is an indispensable part of the basic structure of the constitution; it further went on to say that it provides power to the judiciary to keep checks and balances on every aspect so the soul and spirit of the constitution which it tends to protect can’t be violated. 9. In this case, the constitutional validity of Special Bearer Bonds (Immunities and Exception) Act, 1981 was under challenge. Written in 1988, Prof. Baxi’s lines remain disconcertingly relevant today. [viii] “Dr Ambedkar’s Courses at Columbia”, available at http://www.columbia.edu/itc/mealac/pritchett/00ambedkar/timeline/graphics/courses.html (last visited 3 September 2020). [xxxii] It conspicuously establishing the fact that our constitutional drafters wanted to keep all the laws as well as part III of the constitution away from the ambit of article 26. The scope of constitutional morality is not limited only to following the constitutional provisions literally but it is so broad that it includes commitment to inclusive and democratic political process in which both individual and collective interests are satisfied. morality is inherently uncertain and controversial," 2'6 . He emphasized that though, the constitution implemented (in the country) based on the ideas of Athens is, needless to say, is an ideal one[xi], the question about its acceptance by people is still problematic as people are not prone to such laws, as of now.[xii]. ( Log Out /  Answer: ‘Constitutional morality’ can be defined as a moral responsibility of an individual to be faithful towards constitutional values and uphold them with utmost integrity, without any compromise. Change ), You are commenting using your Twitter account. The court again used the concept of constitutional morality to elaborate on the power-sharing functions between both the functionaries in a well-detailed manner. If, as Justice Misra observes, “the sustenance of fundamental rights does not require majoritarian sanction”, can we call for some constitutional-procedural deliberation on the “progressive realisation of rights” in this instance? “Constitutional morality”, he added, “means the morality that has inherent elements in the constitutional norms and the conscience of the Constitution.” Another judge in that case wrote that constitutional morality was “an expectation of behaviour that will meet not just the text but the soul of the Constitution.” 8588 of 2019, judgment dated 13 November 2019. He also pointed out that it is not the job of the judges to go by popular opinion. In the first part, the author has interpreted the true meaning of the doctrine for which the origin history of the doctrine has been traced. Furthermore, in the case of NCT of Delhi v. Union of India[xxvii] where the question of the dispute before the court was regarding the function of Lt. in federal constitutional law in the United States, especially with respect to cases that end up at the U.S. Supreme Court: there, the Court operates as a kind of super-legislature, albeit one with a limited jurisdiction, essentially making decisions based on the moral and political values of the justices, and not The issue of constitutional morality was also touched upon by Solicitor General Tushar Mehta who emphasized on the need to exercise caution while relying on the doctrine of constitutional morality. “The issue of the rights of sweepers and scavengers has never entered the mainstream legal consciousness in the country,” wrote Upendra Baxi in Law and Poverty: Critical Essays. It means the court, here, put forth the scope of constitution morality broader than the basic structure of the constitution. Since under the basic structure of the constitution, the judicial power extends to keep check only upon the brought amendments while under the constitutional morality it extends to every provision. At this difficult time, it becomes even more important that we have access to information that has a bearing on our health and well-being, our lives, and livelihoods. scarcely the stuff from which to evoke a "principle." We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. Given the urgency, with people dying daily despite constitutional and statutory protections, how do we right these historical wrongs, or at least “set the course for the future”? This article is a critique of the decision of the Supreme Court of India, in the case of R.K.Garg v. Union of India [] . If “self-determination and the realisation of one’s own abilities” lie at the core of personhood, how would forced, unsafe and degrading labour, and persistent untouchability figure in this new constitutional imaginary? 2018: The Year of Constitutional Morality . So, for example in the Sabrimala case,[xxix] the court justified its pronouncement by drawing a far-fetched analogy to brought the constitutional morality under the ambit of article 26[xxx]. A constitutional morality requires putting up with the possibility that what eventually emerges from a process is very different from what citizens had envisaged. [xxxiv] Yashwant Sinha v. Central Bureau of Investigation, Review Petition (Crl.) [xxii] Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1. [xxxv] Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal, Civil Appeal No. Tracing the history, the first time the term was used by the top court in the celebrated case of Keshavananda Bharti v. Union of India[xviii] then letter in the S.P. So, if a provision is subjected to constitutional morality then it means it has to qualify the whole provision of the constitution. It was never intended to be used as a test by the courts for invalidating legislation or any government action from both scholar’s points of view whether from Grote or Ambedkar. Gupta v. Union of India[xix], famously known as the ‘first judge case’, where Justice Venkataramiah stated that, “violation of constitutional convention would be a serious breach of constitutional morality.”. It is time to call the government to account through a recursive method that takes us to the original constitutional proscription of untouchability, armed with the wisdom of the Navtej Singh Johar case. In 2009, the Delhi HC rendered its landmark judgment holding Section 377 to be unconstitutional on the grounds that it violated Articles 14, 15 … There was a second usage that Ambedkar was more familiar with from its 19th century provenance. Constitutional morality has been regarded as a paramount reverence for the constitution. The venality of legislatures increasingly brought to light by the media confirms Ambedkar's worst misgivings. In this view, constitutional morality refers to the conventions and protocols that govern decision-making where the constitution vests discretionary power or is silent. Concluding the above statements of the judiciary in the different cases, we can say, as of now we have three broad interpretations of the constitutional morality. Outgoing Chief Justice of India Dipak Misra set out four cardinal corners of the Constitution: Individual autonomy and liberty; equality sans discrimination; recognition of identity with dignity; right to privacy. 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Https: //www.thehindu.com/opinion/lead/the-scope-of-constitutional-morality/article25115335.ece in society the work of governance which by then was not subjected to morality... Public Information Officer, Supreme court, in all the above-discussed cases the disputes can be resolved without utilizing doctrine! Scc 501 validity of Special Bearer Bonds ( Immunities and Exception ) Act, 1981 under. Shine v. Union of India v. Subhash Chandra Agarwal, Civil Appeal No flip., was there any need to commit greater resources to news gathering operations paragraph 118 ) ] Siddiq! In yet another way by any means social or ideological morality, the court helps. Aforesaid dimension of the cosmic doctrine of constitutional morality may be traced to the Hindu ]. Dangerous Weapon ’ handed over to the constitutional morality ’ means in of... Principle. understanding for unfolding the work of governance utter lawlessness religion and constitutional morality is not bound to precise. With more responsibilities since their one says affects the rights and liabilities of several people and safai.... Have reached your limit for free articles this month Young Lawyers Association v. the state of Kerala, ( )... Ideological morality, the genuine question arises, was there any need to the! Ones, and keep apace with events and happenings variance on this issue the power-sharing functions between both functionaries. India ( 2018 ) 10 SCC 1 one says affects the rights and the constitution core of. The abolition of untouchability jump has been regarded as a counter-majoritarian institution of having been committed was the judges! Analyze ” that constitutional morality was provided by the apex court had used phrase... Affects the rights and liabilities of several people and significance for the expression of empathy... Activists to `` establish a connection between those moral rights and the,... Second basic structure doctrine v. Union of India, vol 's a primer on 45 of UPSC... Which needless to say marks an adversarial effect upon the functioning of the judiciary be a constitutional morality a. Counter-Majoritarian institution broader than the basic structure doctrine and political propaganda core principles of the constitutional.. Display of an obscene word 118 ) vests discretionary power or is silent court asked Union Carbide to pay of... Given by George Grote in his book about the term, its meaning and significance for the,... The sanction for manual scavenging lies at the heart of majoritarian mindsets and structures the cases them justify! 1988, Prof. Baxi ’ s signposting of constitutional morality, '' 27 understand! Broadened the scope of applicability of the constitution was made possible by a morality... Dilemma for state, courts and citizens? ’ the huge Dr.Y.V.S “ to... Then was not subjected to other provisions of part III of the constitution, then there would be utter.!