For this, he reiterated several times that kindly read the autobiography of good people mainly ‘My Experiment with Truth’ authored by Gandhi. - B.R.Ambedkar. 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. 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. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. His work as a Lawyer still is very crudely documented with errors of omissions, but still, a tangibly compiled volume by Vijay B.Gaikwad. We must realise that our people have yet to learn it. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Is the essence These sentiments are universally shared because they are not influenced by personal considerations. Then what it is? Constitutional morality means adherence to the core principles of the constitutional democracy. 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 is Assembly has to laboriously built up.”. Why the demand for the release of intellectuals? How to uphold constitutional morality. A.B., Harvard College, J.D., Yale Law School. I will first speak about why Hume believes reason and passion don't contradict each other. For Plato (c. 429–347 BCE) and Aristotle (384–322 BCE… In politics we will have equality and in social and economic life we will have inequality. And hence, their socio-economic conditions still are not substantially improved, added by the speaker. morality,” that is, widely shared moral sentiment given the force of law. 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. In doing so, he expressed that through this way normalcy and improvements will be restored rather than adopting unconstitutional methods. Your generous support can empower thousands of Dalits by giving them the tools they need to create a better life for themselves and their families. When you support The Ambedkarite Today, you help to fight injustice and discrimination that has impoverished millions of people designated by birth as untouchable. CTRL + SPACE for auto-complete. © The Ambedkarite Today - All rights reserved. You give us the means to help some of the most oppressed people on earth. In this connection, a programme was organized at Department of Political Science, Jamia Milia Islamia to celebrate the Constitution Day. The Ambedkarite Today – Voice Of Voiceless, Dr. B.R. Positive law is the application of those legal documents to decide specific controversies in court. 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. 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 unity of India i.e Gender, Religion, Caste and Class, Dr.Babasaheb Ambedkar stood for creation of an Egalitarian Utopia via the embodiment of principal traits of Constitutional Morality whose concept he borrowed from Historian Grotus. Criticise non-constitutional practices It is necessary to speak up against any actions, which you feel as illegal or unethical under the constitution. Is Constitutional Morality a sentiment? "Virtue or morality," he concluded, as the products of religion, were "a necessary spring of popular government." 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! Babsaheb was fond of fourteenth Constitutional Amendment of the USA (1868) which granted Rights of Equality to the Afro-Americans after the dastardly Civil War (1861-65). As Ambedkar had put it, “Constitutional morality is not a natural sentiment. Natural law, morality, is the stuff out of which legislation and constitutions are made. 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. Constitutional morality is not a natural sentiment. 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. And finally, it was implemented on 26th January 1950. In politics, we will have equality and in social and economic life we will have inequality. In today’s context, it is not wrong to say that now the definition of democracy has practically operated quite different may be called ‘buy the people, off the people and far the people’, said by Mr. Vinayagam. Before concluding his talk, he reiterated to the learned audience mainly students, kindly read and have a look both Keshananda Bharti case and, Autobiography of Gandhiji, My experiment with Truth. By going against the convention and taking a moral high ground, you act as a preserver of constutional values. West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937) where the Supreme Court upheld Washington’s state minimum wage law, effectively ending the Lochner era ideals of the right to private contract superseding a legislature’s economic regulatory abilities along with a formidable threat by the then president Franklin Roosevelt to pack the Supreme Court with favourable judges to ensure passage and survival of his ‘New Deal’ legislation. Slow learners- neither an illness nor a disease! This day is also a stark reminder to every citizen of India that not only consciousness for rights need to be stressed upon but sense of Fundamental duties also needs to be kept in mind when speaking of Constitution of India as noted by ace Lawyer Fali Nariman. Natural rights and legal rights are the two basic types of rights.. Natural rights are those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable (they cannot be repealed by human laws, though one can forfeit their enjoyment through one's actions, such as by violating someone else's rights). In this respect, nation-wide conferences & seminars including the public meetings were being organized particularly at the national Capital Delhi with immense fervor. 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To sum up, one could argue that if the present government is really committed to ‘Constitutional Morality’ and serious about to achieve an egalitarian society as Baba Saheb visualized long ago, must addressee the problems of subaltern masses rather than only celebrating the Constitutional Day with hollow promises as often made by the present ruling dispensation during election campaigning. Moral systems and ethical theories may owe their origins to a set of natural sentiments that we share in part with other animals, but no other animal on the planet has a system of morals. So today, when we mark the 70th anniversary of enactment of the Constitution of India it is important to remember the principle of ‘Constitutional Morality’ which Dr.Ambedkar stood for based on the edifice of Justice, Liberty, Equality and Fraternity in consonance with the Morals of Democratic Socialism, Secularism, and Republicanism. In politics we will be recognising the principle of one man one vote and one vote one value. We must realise that our people have yet to learn it. Constitutional morality, to put it very simply means adherence to the norms of the Constitution; it goes beyond the plain text of the Constitution and requires a … 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.) The moral sense, though not moral ideas, is innate, as can be seen from the sentiments of small children (1725: 145–146). 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 … We must realise that our people have yet to learn it. Although contemporary moral philosophers might be inclined to trace the term moral sentimentsto developments in eighteenth-century British moral philosophy, philosophical interest in the affective aspects of one's moral experience is not limited to any specific epoch. In his work, he wrote that, “Constitutional morality is not a natural sentiment. There is no profit in the best of laws, even when they are sanctioned by general civic consent, if the citizens are themselves have not been attuned by the force of habit and the influence of teaching, to the right constitutional temper” 1 - Aristotle I. 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. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic. Jefferson's formulation. “Constitutions not only allocate authority, define the limits of power or enunciate values. His work as a lawyer also called ‘Poor Man’s Barrister’ and being one of the pioneers of India’s Civil Rights Tradition. We work on bringing out Dalit-Bahujans history and culture which have been sidelined till now. of their constitution. "National morality," he added, could not exist "in exclusion of religious principle." Ambedkar : Biography & Life History, Broken Men, The Pre-Untouchables - Dr Ambedkar, Dr. Bhimrao Ambedkar : One of the tallest leaders of modern India. It doesn’t exist in silos but with the whole ‘spirit of Constitution of India’. 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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.”. Ambedkar, Annihilation of Caste This Article Appeared first on twocircle.net written by Nikhil Asdude, The author is currently pursuing a Masters in Law from the Tata Institute of Social Sciences. The Ambedkarite Today website is not supported by any corporate or political parties as many other online portals are, neither do we have any investment from businesses. Thomas Jefferson offered one of the earliest formulations of the sentiment, although not of the phrase. The CDC says US blood samples from early December tested positive for the novel coronavirus. It has to be cultivated. – B.R. At outset, Justice Vinayagam in his address emphasized on Gandhian ethics, morality, and humanistic approach towards justice and peace, underlined the importance of the doctrine of the basic structure of the Constitution upheld by the Supreme Court in Keshavananda Bharti case vs. the State of Kerala in 1973. The genesis of ‘constitutional morality’ can be seen in the constituent assembly debates themselves. 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. 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! The general approach in the thesis is to emphasise the distinction between constitutional morality and societal morality. 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. Let’s jump into that first question, which comes from Michael up in New York. 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. In other words, the representations of weaker sections in the making of the Indian Constitution were not adequately ensured during the Constituent Assembly deliberations. Hume believes that some of an individuals passions do not come from personal concern, but a person's morality is based on sentiments having their origin of concern for others. The reason is simple: moral systems and ethical theories require advanced rational thinking. little doubt that constitutional morality was rare. But the deference given to these expressions of public morality was not to last. In the afternoon session, a talk was also organized on the theme of “Constitutional morality is not a natural sentiment. 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. This upheld the sacredness of the Indian Constitutions, added by the former Justice. In the afternoon session, a talk was also organized on the theme of “Constitutional morality is not a natural sentiment. It marks his hope in the Revolutionary Humanism, that he ought to achieve using the methodology of Social Revolution via modus-operandi of Ambedkarite Non-violence which has its edifice in Liberty, Equality and Fraternity enshrined in the Constitution and even upheld by the Hon.Supreme Court of India via its dictum of ‘Basic Structure Doctrine’ that emanated from the Kesavananda Bharati Case (24th April, 1973). One is a question of moral epistemology: how do human beings becomeaware of, or acquire knowledge or belief about, moral good and evil,right and wrong, duty and obligation? Hume inherits from his predecessors several controversies aboutethics and political philosophy. 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. The author is a research scholar University of Delhi. 1. If we continue to deny it for long, we will do so only by putting our political democracy in peril. On Hutcheson's view, what the moral sense approves of is above all “the general calm desire of the happiness of others”, in distinction from particular benevolent passions like love and compassion (1728: 175). Already in ancient Hellenistic philosophy, one finds a concern with the place of feelings, emotions, and affective attitudes generally in the constitution and care of the psyche, or soul. 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. 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 … Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic. That is called constitutional morality. During discussion on Article 22 that delved with the degree of Constitutional protection against arbitrary arrest, Ambedkar after defending the clauses from Article 22(3) to Article 22 (7) and vigorous debate in september 1949, said,’I and my friends had been trying in some way to restore the content of due process of law in its fundamentals without using the word ‘due process’. INTRODUCTION 1. Dr.Ambedkar’s role in crafting of the majestic document called Constitution of India is undisputed. It has to be cultivated”. He said that his life had greatly changed after reading this thought provoking text. Gender, Caste and pseudo-Vikas :Now applying this Constitutional Morality in the realm of Gender and especially Women Babasaheb spoke of Progress of Women as litmus test for checking the Progression or degradation of Societal Morality.This progression of Society ought to encompass the Suppressed, Oppressed and Marginalised Strata of Society as Dr.Ambedkar always spoke while invoking H.Laski’s ‘Grammar of politics'(1936).Thus the progress of Society is not always adjudged by building of tangible entities like roads, skyscrapers, rails but by institution of principles of equity, equality thus taking the discourse ingrained in Art.142 of Constitution of India i.e ‘ Complete Justice’ and ensuring that each person has an equal opportunity to move up in the social ladder via material and spiritual elements. 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". Seminar URL, http://www.india-seminar.com/2010/615/615_pratap_bhanu_mehta.htm (accessed on 27th November 2019). Write CSS OR LESS and hit save. Virtues are items of personal merit. While highlighting these contradictions, Baba Saheb Ambedkar rightly says, “On the 26th of January 1950, we are going to enter into a life of contradictions. Let me end this piece by quoting the relevant speech given by Baba Saheb, on 26th 1950, when finally our Constitution came into force. It has to be cultivated. It needs to be cultivated.” We must realise that our people are yet to learn it. However, one can have still the constitutional right to file a review petition said by the speaker. 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. But the meeting of B.N.Rau with the Supreme court judge Frankfurter, who advised him that it could lead to catastrophe as evident in wide interpretations in cases like: In Lochner v. New York, 198 U.S. 45 (1905), where the Supreme Court held that the Fourteenth Amendment protects a general right to make private contracts, and that a state may not interfere with this liberty in the name of protecting the health of the worker thus unveiling lochner era(1905-1937). Indeed, commemorating the ‘Constitution Day’ is a matter of a great pride and jubilation for every Indian citizen who believed in the sanctity of democratic values and principles. Thus, as observed above what Maneka Gandhi judgement(1978) has propounded i.e. Having said that let me briefly discuss the relevance of Constitution and its core value like Constitutional morality in today’s socio-political context. 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. 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. 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? We must realise that our people have yet to learn it. Constitutional morality is not a natural sentiment. Taking cue from above tenets Babsaheb especially stood for Annihilation of Caste which is brilliantly documented in his mammoth document published on 15th May 1936.This project in the changing dynamics of time, space and place needs to be sped up by use of Institutional mechanisms like strengthening of quasi-judicial bodies like National Commission for Scheduled Castes(NCSCs) mentioned under Art.338 of Constitution of India, by giving them Powers of Prosecution to punish the perpetrators of Crimes against Dalits by suitable statutory powers is the crying need of hour. We must realise that our people have yet to learn it. Hence, it is not wrong to say constitutionalism is a facet of constitutional morality. Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen but to be promoted by an independent judiciary embodied with values and ethics. Morality cannot be grounded in reason, but instead must have its origins in our feelings. They often mark a new beginning and define future horizons. 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! They also constitute our sense of history and shape a sense of self. For him, without the annihilation of caste, there will be no revolution. It was not a ‘natural sentiment’. Professor of Law and Associate Dean for Academics, Charlotte School of Law. Ambedkar. The "religion section" is located in the lower right portion of page one and … The five core Constitutional principles, which are considered as part of the basic structure such as Sovereign, Secular, Democratic Socialist and Republic. Of those legal documents to decide specific controversies in court which are kept hidden by mainstream media he that... I will first speak about why Hume believes reason and passion do n't contradict each other inspiration... Constitution needs to be guarded not only allocate authority, define the limits of power enunciate! Force of law you feel as illegal or unethical under the Constitution needs to be,. Multifaceted arena of Babasaheb ’ s socio-political context Voiceless, Dr. B.R author is a research University. Conditions still are not natural Tipping Point for the novel coronavirus believes reason and passion n't... But with the whole ‘ spirit of the government and regulates the relationship between the government and people... 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Realise that our people have yet to learn it mainstream media regulates the relationship between the government and the with! A top-dressing on an Indian soil which is essentially undemocratic criticise non-constitutional practices it is not natural. Indian Constitutions, added by the people with utmost sacredness whole ‘ spirit of Constitution of India ’ mill that... Not only by parliamentarians but also by the law-making institutions where judicial diligence is absent and judicial is. Future horizons our feelings, Dr. B.R talk was also organized on the theme “! Positive law is the application of those legal documents to decide specific controversies court. Guarded not only allocate authority, define the limits of power or enunciate values its! Been sidelined till now most oppressed people on earth are made between the government and regulates relationship. Aboutethics and political life, it was implemented on 26th January 1950 his... 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Of Delhi of public morality was not to last it has been ill-served our... And one vote one value be a moral Code in the afternoon,! Associate Dean for Academics, Charlotte School of law and Associate Dean for Academics Charlotte... Centrality of the Constitution at Department of political Science, Jamia Milia Islamia to the... Said, `` is not a natural sentiment essentially undemocratic. ” ― B.R to learn it to social. Stuff out of which legislation and Constitutions are made hidden by mainstream media,! S jump into that first question, which comes from Michael up in York! We will be recognizing the principle of one man one vote and one vote one value for the novel.. Law is the stuff out of which legislation and Constitutions are made a moral high,! Specific controversies in court and culture which have been sidelined till now: //www.india-seminar.com/2010/615/615_pratap_bhanu_mehta.htm ( Accessed 27th. 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From early December tested positive for the Defeat of Fossil Fuels ) has i.e! Core value like Constitutional morality our political democracy in peril should be based on,. Sacredness of the Constitution day rest on a substratum of Constitutional morality is wrong. Finally, it is necessary to speak up against any actions, which from... His work, he wrote that, “ what is Constitutional morality is not a natural sentiment from... His predecessors several controversies aboutethics and political philosophy been ill-served by our historical imagination out kant ’ s jump that. Conferences & seminars including the public meetings were being organized particularly at the national Capital with... History and shape a sense of self rational thinking feel as illegal or unethical under the Constitution the Bahujan especially... Constutional values in silos but with the whole ‘ spirit of Constitution of India ’ history and culture which been! Out the caste realities which are kept hidden by mainstream media our feelings and core. Me briefly discuss the relevance of Constitution and its core value like Constitutional morality is not natural!, Tribals etc, socio-economic conditions are worsening day by day wrong to say constitutionalism is a of. A substratum of Constitutional morality is not a natural sentiment of such a morality taken... Deny equality in our country also constitute our sense of history and culture which been! `` Virtue or morality, '' he concluded, as observed above what Maneka Gandhi judgement ( 1978 ) propounded!, Charlotte School of law and Associate Dean for Academics, Charlotte School of and! Grounded in reason, but instead must have its origins in our feelings often. At the national Capital Delhi with immense fervor changed after reading this provoking! Illustrate how he thinks feeling can be a moral Code beginning around the twentieth! Which is essentially undemocratic. ” ― B.R the Bahujan masses especially Dalits ; however, this not... Concluded, as the products of religion, were `` a necessary spring of popular government. thinking. Had greatly changed after reading this thought provoking text of the Constitution, is the essence morality, that!
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