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How long shall we continue to live this life of contradictions?How long shall we continue to deny equality in our social and economic life? But the sad part, is when one realises that Babasaheb appears only during the end of the narrations of our history as (reluctantly) ‘Father of Indian Constitution’, but his role in the making of the democratic ethos and in making this nation that is based on the Buddhist pragmatism of Liberty, Equality and Fraternity was neglected. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. It was not a ‘natural sentiment’. How long shall we continue to deny equality in our social and economic life? You give us the means to help some of the most oppressed people on earth. Though with the established idea of Framers of the Constitution along with its historical setup, the Hon.Supreme Court applied the ‘silos theory’ in its interpretation starting with A.K GOPALAN CASE (1950), ADM JABALPUR CASE (1976) and so on. SIGN UP FOR COUNTERCURRENTS DAILY NEWS LETTER, Share:WhatsAppFacebookTwitterTelegramRedditEmail The ongoing siege of the national capital New Delhi by hundreds of thousands of farmers represents, perhaps, the biggest revolt against ‘Company Raj’ since India’s First War of Independence way back in 1857. While responding to the question regarding Article 370 , that followed by the humanitarian crisis (basic Human rights violations of children and women mainly), he said that matter is still pending in the apex Court, one should adopt a humane approach to deal with situations like this, and let the government function according to the constitutional norms. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic. Theorists of public morality—from the ancient Greek philosophers and Roman jurists on—have noticed that apparently private acts of vice, when they multiply and become widespread, can imperil important public interests. The genesis of ‘constitutional morality’ can be seen in the constituent assembly debates themselves. In a very mundane sense, with a handful of exceptions, there is no serious or deep historiography associated with our Constitution, one that can put it in proper historical and philosophical perspective”. How to uphold constitutional morality. Mill addresses the issue of whether the sentiment of duty is "innate or implanted" in human consciousness by saying that for the purposes of this essay, the distinction is not important, because either way it would support utilitarianism. Thus from the above mentioned arguments it could be devised that Article 22 was not to be a complete entity in itself (silos theory). Natural law, morality, is the stuff out of which legislation and constitutions are made. Beginning around the early twentieth century, the courts, 1. We work on bringing out Dalit-Bahujans history and culture which have been sidelined till now. Ambedkar, Annihilation of Caste In this respect, nation-wide conferences & seminars including the public meetings were being organized particularly at the national Capital Delhi with immense fervor. Why the demand for the release of intellectuals? This upheld the sacredness of the Indian Constitutions, added by the former Justice. The principle of adhering to Constitutional Morality can put a full-stop to the degradation of Institutions that signify as well as epitomize democracy nullifying all the biases that have crept in via the Brahmanical codes of Conduct that dominate the Caste Hindu Majority of the Country and thus if not arrested in time shall lead the country to peril and make what we seen in Prayaag Akbar’s brilliant novel ‘Leila’.What is the need of the hour is reading and rereading of Dr.Ambedkar and to pay heed to his warnings by taking tangible actions akin one mentioned and explained minutely above to uphold and save Democracy and instill in the populace the essence of Constitutional Morality which shall be a mirror image of Social Morality and thus establish a Begumpura to use Sant Ravidas analogy, a Land where Justice, Liberty, Equality and Fraternity are the most cherished and nurtured ideals! In this connection, a programme was organized at Department of Political Science, Jamia Milia Islamia to celebrate the Constitution Day. India i.e Bharat, inspite of all the Socio-Economic, Political and Cultural factors that are inherent in the psyche of its populace of which are akin to a fault line in the … In spite of this, several provisions and articles were incorporated in our Constitution to deal with problems of the weaker sections including tribal community, he added. The Maneka Gandhi Judgement (1978) can’t be defended on Constitutional Grounds and its defence till now has largely been vague and consequential punctuated with what if’s! India i.e Bharat, inspite of all the Socio-Economic, Political and Cultural factors that are inherent in the psyche of its populace of which are akin to a fault line in the fabric of … The theory of Natural Law was put forward by Aristotle but championed by Aquinas (1225-74).  It is a deductive theory – it starts with basic principles, and from these the right course of action in a particular situation can be deduced.  It is deontological, looking at the intent behind an action and the nature of the act itself, not its outcomes. Constitutional morality is not a natural sentiment. The final motive of such an exercise is to search a path for reclaiming Humanity via the Mahayana concept of Buddhism i.e Liberation via Emancipation for all which has Constitution and Constitutionalism as its heart and soul! But the deference given to these expressions of public morality was not to last. Write CSS OR LESS and hit save. Professor of Law and Associate Dean for Academics, Charlotte School of Law. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. The author is a research scholar University of Delhi. Print. In other words, the representations of weaker sections in the making of the Indian Constitution were not adequately ensured during the Constituent Assembly deliberations. Today taking a note of Dr.Ambedkar’s warning that, “On the 26th of January 1950, we are going to enter into a life of contradictions. Then what it is? The last nail in the coffin was the MANEKA GANDHI JUDGEMENT(1978) which upheld the principle of ‘due process of Law’ being inherent in Article 21 of the Constitution of India. Seminar, URL, http://www.india-seminar.com/2010/615/615_pratap_bhanu_mehta.htm (Accessed on 27th November 2019). By going against the convention and taking a moral high ground, you act as a preserver of constutional values. Mill maintains that moral feelings are acquired; however, this does not mean that they are not natural. On the occasion of 70th Constitutional day, if one can closely read, Dr.  Ambedkar concerns and worries expressed at the time about the future of India, it is not wrong to say that his futuristic predictions about possible contradictions which are still seems to be relevant now because, it is fact that we have got long back political freedom and democracy from the colonial masters, but still Indian subaltern masses are far from getting social and economic justice. The moral sense, though not moral ideas, is innate, as can be seen from the sentiments of small children (1725: 145–146). For this, he reiterated several times that kindly read the autobiography of good people mainly ‘My Experiment with Truth’ authored by Gandhi. While addressing, the audiences, another prominent speaker, Prof. Sravavanan has talked about the rights of weaker section mainly tribal community along with how the Indian Constitutions came into existence. His entire repertoire of works when keenly read invokes passion and inspiration among the Bahujan masses especially Dalits. The Ambedkarite Today – Voice Of Voiceless, Dr. B.R. Laws like Prevention of AtrocitiesAct.1989 need not remain only on paper but ought to be implemented in true spirit of vision of Creation of Casteless society that has its base in State of Mind of populace of India even today.In cases of SC’s they still are pegged by problems of Unemployment, lack of skills, poverty which act as a vicious circle which ought to be disrupted by timely interventions via skill development programmes, giving fillip to creation of an entrepreneurial class which can serve an asset in achieving the goal of an egalitarian society.Along with this ‘knowledge being an Emancipation’ which Babasaheb always spoke of, this access to knowledge via Universities ought to be reasonable by more state support and curtailing the sprouting of private and self financed universities which charge exorbitant fees which impacts access to Education for the students from Marginalised Community. Ambedkar. A Military Democracy. was recited by the students at JMI in the Ghalib (well- known, progressive poet of the late 19th century) lawn. This element of Constitutionalism ought to be ingrained and percolated in each of the pillars of Indian Democratic setup i.e Executive, Legislature and Judiciary and even going further in the realm of Media as well! David Hume, Morality and Natural Sentiment "when you pronounce any action or character to be vicious, you mean nothing, but that from the consistution of your nature you have a feeling or sentiment of blame from the contemplation of it". And, it has to do with whether or not America was founded on Christian principles. 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. How to Stop Big Energy in Its Tracks (Quite Literally), Life’s primary need is to secure one’s offspring. It has to be cultivated. To sum up Nibbana for people of India which is the ultimate aim of existence of all ought to be sought by taking refuge in Constitution of India and its tenets if it ought to institute the other facets of Democracy i.e Social and Economic Democracy. ( Pratab Bhanu Mehta, “What is Constitutional Morality”? In the afternoon session, a talk was also organized on the theme of “Constitutional morality is not a natural sentiment. Let me end this piece by quoting the relevant speech given by Baba Saheb, on 26th 1950, when finally our Constitution came into force. Constitutional morality is not a natural sentiment. BR Ambedkar had, in fact, said: “Constitutional morality is not a natural sentiment. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic. With the passage of time, space and place Babasaheb is being read more and more globally owing to his Humanistic Writings which are modus operandi for annihilation of any injustice be it Gender, Race, Ethnicity and so on and establish an egalitarian society which upholds Human Rights with social justice being its foundation! While speaking the background of the formation of the Indian Constitution, he underlined that at the time of framing the Constitution several committees and commissions were created and its recommendations were considered by the different Constituent Assembly bodies. Could the presence of such a morality be taken for granted in our country? The morality of the consequence will be the morality of those who made the Constitution law and those who agree to abide by that law today. In 1803, Jefferson's ambassadors to France arranged the purchase of the Louisiana territory in conflict with Jefferson's personal belief that the Constitution did not bestow upon the federal government the right to acquire or possess foreign territory. Thus opening another less looked multifaceted arena of Babasaheb’s persona! It has to be cultivated. Constitutional morality is not a natural sentiment. Thus after intense debate in the Constituent Assembly, Ambedkar left the decision on will of the learned people of that Assembly by citing a Greek mythological story of charybdis and scylla.So.the new Article 21 looked thus, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”. The "religion section" is located in the lower right portion of page one and … In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. CTRL + SPACE for auto-complete. ‘Substantive Due Process of Law’ in the words of Gautam Bhatia, is indefensible as a matter of constitutional interpretation, unnecessary for achieving substantial safeguards on personal liberty, and damaging in other respects, then, perhaps, instead of granting it uncritically canonical status, it ought to be better understood as a well intentioned but misguided, wrong, turn! For Plato (c. 429–347 BCE) and Aristotle (384–322 BCE… Thus, as observed above what Maneka Gandhi judgement(1978) has propounded i.e. - B.R.Ambedkar. – B.R.Ambedkar. Positive law is the application of those legal documents to decide specific controversies in court. Thus today on this day of 26th November 2019 when Women are denied Police protection for entry into House of God which is notorious for upholding Vedic and Later Vedic Injunctions, apathy of the state and being an accomplice in sustaining Bigotry and Third rate Mentality of biases society, Kashmir being kept in a State of Lawlessness of Law, State committing atrocities on Students for demanding a reduction in fees,judiciary reaching its lowest ebb when trying to coax the Hindutva and Hindu Nationalism, Liberals keeping mum on the ongoing events with their holy trait of ‘selective amnesia’ and so on and on! We believe in speaking the truth and bringing out the caste realities which are kept hidden by mainstream media. Is the essence In the morning session, the Preamble of Indian Constitution (which is interpreted as the guiding philosophy of our Constitution,  broadly mentioned about freedom, justice, equality, social and economy for all Indian citizen of Indian irrespective of caste, religion and ethnicity.) Hence, it is not wrong to say constitutionalism is a facet of constitutional morality. Constitutional morality means adherence to the core principles of the constitutional democracy. Dr.Ambedkar had already anticipated the need of such substantive due process taking inspiration from the fourteenth Constitutional Amendment and thus while arguing the case of “due process of law” via the modes of Article 22 and ‘spirit of Constitution’ a major loophole can be plugged by reversing the Maneka Judgement and imbibing its very essence via Dr.Ambedkar’s methodology as explained above to rule out the the element of discretion and thus ideological assaults and individual biases which ultimately corrupt and assault the democratic Institutions. We must realise that our people have yet to learn it. As Ambedkar had put it, “Constitutional morality is not a natural sentiment. But, as many commentators have noted, there is a curious disconnect between Hume’s epistemological skepticism and his moral and social philosophy. These sentiments are universally shared because they are not influenced by personal considerations. 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 which this Assembly has so laboriously built up.”. It has to be cultivated. "National morality," he added, could not exist "in exclusion of religious principle." Farmer Protests Expose Nexus Between Rulers and Corporates, Tribute to a valiant woman who fought for her Land rights, Name Me One Country Where Capitalism Works: A Thirty-Year Reckoning, Greater Hyderabad Municipal Corporation Election 2020: Divisive Politics and Blurring of Regional Sentiment, The Revolutionary Potential of Hope and Utopia, The Shadow Pandemic- Violence against women during COVID-19, Jharkhand: The Trauma of Development and Displacement, Human Rights Day 2020 and Students’ Rights in India An Introspection, Need to uplift Muslims for inclusive growth, What is the United States of America? 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