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Constitutional Morality And Pluralism

'Mahatma Gandhi' The name and image evoke the very concepts of peace, restraint and passivity, even in the face of violence and extremism. This is incredible, especially when one considers that it has been 74 years since his passing. Entire generations have lived and died without ever really appreciating the true legacy of a man who worked tirelessly in a country on the other side of the world.

And yet, despite the distances in time and geography, we would be challenged to find anyone, in any part of the world, who has not heard of or been redeemed by the principles he represented. This is remarkable. For while the details of the man may blur and fade, the essence of what he stood for will live on, long after we ourselves have passed.

Although Hindu, Gandhi drew from many faiths in his philosophy and actions and his religious beliefs and his commitment to pluralism are best expressed in his own words:

"True knowledge of religion breaks down the barriers between faith and faith. Cultivation of tolerance for other faiths will impart to us a true understanding of our own. Tolerance obviously does not disturb the distinction between right and wrong, or good and evil"
  • The one religion is beyond all speech. Imperfect men put it into such language as they can command, and their words are interpreted by other men equally imperfect. Hence the necessity for tolerance, which does not mean indifference towards one's own faith, but a more intelligent and pure love for it.
     
  • Gandhi based his theory of pluralism on the idea of equal worth of individual conscience and the absence of absolute certainty of the truth.

Disheartened by the "us-and-them" divisions and mutual disregard between the Muslims and the Hindus, Gandhi engaged in an open dialogue with Islam and the Muslims. He never accepted the argument that Hindus and Muslims constituted two separate elements in Indian society.

Gandhi argued that a person who believes in Truth and God cannot go to a place of worship one day, and the next day foster hatred and violence. He made no exception in the case of Islam. Gandhi did not hesitate to declare that "even the teachings themselves of the Koran cannot be exempt from criticism. Every true scripture only gains by criticism. After all, we have no other guide but our reason to tell us what may be regarded as revealed and what may not be."

Gandhi had the good fortune to have as his colleagues some people belonging to different religions. Three important examples are C.F. Andrews, Maulana Abul Kalam Azad, and Khan Abdul Ghaffar Khan. While Gandhi's familiarity with Islam and his admiration for Prophet Muhammad are no secret, one has to mention also the direct influence of Muslim non-violent activists like Ghaffar Khan and Maulana Azad on him. Many historians have ignored the fact that Gandhi had a very high esteem for Islam, and regarded it as a religion of peace, love, kindness and brotherhood of all men.

As Gandhi himself said in this connection:
"I do regard Islam to be a religion of peace in the same sense as Christianity, Buddhism and Hinduism are." Gandhi was also impressed by the personal and social codes of behaviour like prayer, fasting, and alms-giving that Islam prescribed. This respectful response of Gandhi to Islam was neither a matter of political pragmatism nor a fašade to unify Muslims and Hindus during the struggle for independence, but it went far beyond to a philosophical understanding of the very essence of Islam.

My reading of the Koran has convinced me that the basis of Islam is not violence but is unadulterated peace," affirmed Mahatma Gandhi. "It regards forbearance as superior to vengeance. The very word 'Islam' means peace, which is non-violence. My experience of all of India tells me that the Hindus and the Muslims know how to live in peace among themselves.

I decline to believe that the people have said goodbye to their senses, so as to make it impossible to live in peace with each other, as they have done for generations. The enmity cannot last forever."

"Constitutional ethics means adherence to, or fidelity to, the principles of minimum constitutional values. It includes a commitment to an inclusive and democratic political process in which individual and collective interests are met. In the context of the Constitution of India, the constitutional values ​​are democracy, socialism, equality, fairness, etc. In short, it is the preamble that clarifies the constitutional values.

The principle of constitutional morality basically means obeying the norms of the constitution and not acting in a way that would become a violation of the rule of law or be reversible in an arbitrary way. It actually works at the fulcrum and directs like a laser beam in the building of institutions. Constitutional ethics is the soul of the Constitution, which can be found in the preamble to the Constitution.

In the Constitution of India, it is the preamble that spells out the constitutional values. The Preamble of the Constitution declares its ideals and aspirations, and it is also found in the third part of the Constitution of India, i.e. Fundamental Rights (Articles 12 to 35) Constitutional morality is the guarantee that seeks to eliminate all forms of inequality from the social structure.

Every individual is assured of the means of enforcing rights Guaranteed Constitutional ethics tend to make Indian democracy vibrant by inculcating a spirit of brotherhood among the heterogeneous population, belonging to different castes, races, religions, cultures, castes and sections.

Constitutional ethics recognizes pluralism and diversity in society and tries to make individuals and communities in society more inclusive in their functioning by constantly providing scope for improvement and reforms. For example in the case of Navtej Singh Johar v. Union of India, SC has provided a framework to reaffirm the rights of LGBTQ and all gender non-conforming persons to their dignity, life, freedom and identity.

In the landmark case of Navtej Singh Johar v Union of India (2018):
To protect the rights of the LGBTQ community, the Supreme Court delivered a judgment that partially overturned Section 377 of the IPC which made "carnal intercourse against the order of nature" (including homosexuality) an offense by applying the doctrine The justices found that the court should not be remotely guided by the view of the majority or popular perception but should be guided by constitutional morality.

Courts have distinguished between public and constitutional morals and have said that the principle of justice always has an overriding effect. Constitutional ethics have an overriding effect on public morality.

The propagation of the 'constitutional morality', not only among the majority of any society, but in the whole is the sine qua non of a government at once free and peaceful; Since even any strong and obstinate minority may render the action of a free corporation impractical, without being strong enough to overcome the rise for itself while discussing the Constituent Assembly Ambedkar quotes the meaning of Grote if constituent morality?

By constitutional ethics, Grote meant ... a great reverence for the forms of the constitution, enforcing obedience to authority and acting within and within these forms, yet coupled with a habit of open speech, action subject only to definite legal control, and unfettered censure of those same authorities in respect of all their actions.

The public together, with full confidence in the bosom of every citizen amidst the bitterness of the party's protest that the forms of the constitution will be no less sacred in the eyes of its opponents than its forms.", "Constitutional ethics means adherence to, or fidelity to, the principles of minimum constitutional values.

It includes a commitment to an inclusive and democratic political process in which individual and collective interests are met. In the context of the Constitution of India, the constitutional values​​are democracy, socialism, equality, fairness, etc.

In short, it is the preamble that clarifies the constitutional values. The principle of constitutional morality basically means obeying the norms of the constitution and not acting in a way that would become a violation of the rule of law or be reversible in an arbitrary way. It actually works at the fulcrum and directs like a laser beam in the building of institutions.

Constitutional ethics is the soul of the Constitution, which can be found in the preamble to the Constitution. In the Constitution of India, it is the preamble that spells out the constitutional values. The Preamble of the Constitution declares its ideals and aspirations, and it is also found in the third part of the Constitution of India, i.e. Fundamental Rights (Articles 12 to 35) Constitutional morality is the guarantee that seeks to eliminate all forms of inequality from the social structure.

Every individual is assured of the means of enforcing rights Guaranteed Constitutional ethics tend to make Indian democracy vibrant by inculcating a spirit of brotherhood among the heterogeneous population, belonging to different castes, races, religions, cultures, castes and sections.

Constitutional ethics recognizes pluralism and diversity in society and tries to make individuals and communities in society more inclusive in their functioning by constantly providing scope for improvement and reforms. For example in the case of Navtej Singh Johar v. Union of India, SC has provided a framework to reaffirm the rights of LGBTQ and all gender non-conforming persons to their dignity, life, freedom and identity.

In the landmark case of Navtej Singh Johar v Union of India (2018):
To protect the rights of the LGBTQ community, the Supreme Court delivered a judgment that partially overturned Section 377 of the IPC which made "carnal intercourse against the order of nature" (including homosexuality) an offense by applying the doctrine The justices found that the court should not be remotely guided by the view of the majority or popular perception but should be guided by constitutional morality.

Courts have distinguished between public and constitutional morals and have said that the principle of justice always has an overriding effect. Constitutional ethics have an overriding effect on public morality.

The propagation of the 'constitutional morality', not only among the majority of any society, but in the whole is the sine qua non of a government at once free and peaceful; Since even any strong and obstinate minority may render the action of a free corporation impractical, without being strong enough to overcome the rise for itself while discussing the Constituent Assembly Ambedkar quotes the meaning of Grote if constituent morality?

By constitutional ethics, Grote meant ... a great reverence for the forms of the constitution, enforcing obedience to authority and acting within and within these forms, yet coupled with a habit of open speech, action subject only to definite legal control, and unfettered censure of those same authorities in respect of all their actions The public together, with full confidence in the bosom of every citizen amidst the bitterness of the party's protest that the forms of the constitution will be no less sacred in the eyes of its opponents than its forms."

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