Constitutional ethics is about leaders respecting constitutional order, conventions and institutions. Finally, Swamiji’s interpretation of Vedanta is one that is full of energy and life. The Chief Minister of Kerala also made a request through press note that, any person who is engaged in making false allegations, shall be restrained and cautious from doing that. It would hardly need a mention that the plea of negligence on the part of the first respondent who was driving the pickup van as set up by the claimants was required to be decided by the learned Tribunal on the touchstone of preponderance of probabilities and certainly not on the basis of proof beyond reasonable doubt. Article 12 states that unless the context of Part III (Fundamental Rights) of the Constitution otherwise requires, “the State” includes the Government and Parliament of India, and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of India. India’s democracy, as envisaged by the makers of its Constitution, thrived essentially because of the respect of the leaders for ethical constitutionalism and moral activism of the grassroots activists. At every stage, his words and his life have moved me and conveyed a message which was relevant to a given phase or which answered questions that occurred to me then. The forms of political action that had become so famous during the nationalist movement satyagraha, non-cooperation, civil disobedience were all at odds with the idea of constitutional morality. But the enforcement risks to an arbitration award produced by a fully remote proceeding, an inhibiting factor to the expansion of the use of remote technologies in final evidentiary hearings, may be permanently diminished by the virus. On the contrary, neither transformative constitutionalism nor constitutional morality can be applied as top-down doctrines. The religious practices of that Temple and its restrictions have often been challenged in contemporary debates citing the practices of other Temples within the same tradition or outside of it, neither of which is warranted nor holds water. This position is consistent with the history of the drafting of the Constitution on availability of (a) fundamental rights, and (b) constitutional remedies against the State to enforce fundamental rights through Courts of law either under Articles 32 or 226. 4. The High Court, therefore, ought not to have shifted the burden of proof.”, Not stopping here, the Bench then also adds in para 24 that, “Further, little reliance can be placed on the contents of the FIR (Exh.-1), and it is liable to be discarded for more than one reasons. This causal act if irresponsibly executed would not just have slowed the pace of the making of the Constitution but would also be another defiant which was once committed when there was a to month lag between the date of adoption mentioned in Preamble and the date that India celebrated Republic Day. 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Firstly on 21st Nov, 2020, the government of Kerala came up with Kerala Police (Amendment) Ordinance, 2020 to incorporate section 118A in the Kerala Police Act which makes intimidation, defamation, or insulting of any person an offence punishable with imprisonment of term up to Three years and/or up to Rupees. 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. There is nothing on record to suggest that the police reached the site of the accident or carried the injured to the hospital. It was observed by the court that the offence of ‘causing annoyance in an indecent manner’ suffers from the same type of vagueness and over breadth. Arbitration is considered to be a convenient, cost-effective and progressive mode of dispute resolution which provides some concrete and binding result to the parties. However, in doing so, the distinction between constitutional morality and public morality must still be maintained. According to Kerala Government, the existing laws are not sufficient to overcome with this problem and after struck down of section 66A of the Information Technology Act and Section 118(d) of the Kerala Police Act by the honorable Supreme Court, such ordinance was in dire need to be implemented. Why is Constitutional Morality Important? In a situation of this nature, the Tribunal has rightly taken a holistic view of the matter. Cost savings for clients and convenience for arbitrators, counsel and witnesses had sparked an interest in broader adoption of remote technology even prior to COVID-19. Although he was discharged on 16.04.2009 and brought back to Rajasthan, it appears that Sandeep kept experiencing one after another medical complications, and remained hospitalized at the Jain Hospital in Jaipur and later the Joshi Nursing Home at Sikar. He has deposed that he was travelling in his own car on the date of the incident on the same route when the owner-cum-driver of the Wagon R car carelessly overtook him at a very high speed. Is “the State” defined in the Constitution? This has affected the society at a considerable level. This would mean that not only farmers get mere pittance for his produce, the government also does not generate any revenue. Without it, the operation of a constitution tends to become arbitrary, erratic, and capricious . Ever since I was a teenager, I have tried to understand Swami Vivekananda at various stages of my life through his writings and through those of others who have attempted to capture his majestic and impactful life. 2. For democracies to succeed, both believed that the parliamentary majorities need to be restrained through. Shukla began by elucidating the pressing need to locate constitutional morality in the Indian Constitution. The claimants were merely to establish their case on the touchstone of preponderance of probability. The situation of the Institutional Arbitration is very critical in India even after the reluctant efforts being made by the Government to attract the international parties. A confidentiality agreement may be expressly provided for in the underlying arbitration clause, or it may be imbedded in the adoption of the arbitration rules of a designated arbitration service provider that requires specified confidentiality levels. Reactivation of Section 66A of the Information Technology Act, 2000: It was also said by the petitioners that, the government of Kerala has itself admitted that the new provision was being introduced to fill the gap of section 66A of the IT Act, 2000. The court had said that, the penalty created for causing annoyance in an indecent manner in pith and substance would fall within Entry 1 List III which speaks of criminal law and would thus be within the competence of the State Legislature. Such a measure will only debilitate agriculture in this country even further. There is nothing to suggest that the witness had any business dealings with the deceased or his family. It is at this juncture that the judiciary steps in to examine whether the State’s conduct passes muster on the anvils of the Constitution, which may be restated as testing State action against the mandate of the Constitution or the values of the Constitution as expressed through its provisions a.k.a constitutional morality. The Court also stated that Preamble I neither a source of power nor a source of limitation and has an immense consequential responsibility while interpreting provisions of statutes and even the provisions of the Constitution. [I]t is religion and morality alone which can establish the principles upon which freedom can securely stand. Our Constitution is made only for a moral and religious people. 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. The High Court ought not to have drawn any adverse inference against the witness for his failure to report the matter to Police. 2013] REASON, MORALITY, & CONSTITUTIONAL COMPLIANCE 1385 cannot be assumed but must be defended law by law.17 Then, Professor Greene argues that the government should grant exemptions to some of its restrictive laws.18 That is a moral, not a legal, argument, which presupposes that the government has a moral right to demand compliance with the laws in question. Making MSP a legal right could very well be the most disastrous policy that this country has ever adopted, with the biggest casualty being the farmers themselves. IX, p. 401, to Zabdiel Adams on June 21, 1776.) This caveat assumes importance when understood in the backdrop of ongoing controversies such as the Sabarimala Ayyappa Temple Entry case. After due consideration and keeping all the scenarios in mind, the honorable governor of Kerala signs the ordinance on 25th Nov, 2020 to withdraw the controversial section 118-A of Kerala Police Act. He was not the one to believe in a selfish, lifeless and inert pursuit of individual liberation. The article examines its evolution in the Indian context. On 13th December 1946, Pt. Democracy has evolved in many ways with time. Addressing joint sitting of Parliament to mark Constitution Day, he said B R Ambedkar, while underlining the importance of constitutional morality, had emphasised that its essence was to regard the Constitution as supreme and to follow constitutionally-mandated procedures. Such sale of argi produce when combined with the ban on purchase below the MSP directly from the farmers will then close out all avenues for sale by the farmers. From UPSC perspective, the following things are important : Mains level : Paper 2- Evolution of democracy in India. 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. Further, as the police had themselves reached the hospital upon having received information about the accident, there was perhaps no occasion for AW-3 to lodge a report once again to the police at a later stage either.”. But not for long. It was stated that the government is concern about the increasing incidents of crimes arising out of social media platform. Long-standing reliance on those technologies for procedural conferences, positioned international arbitrations well, to dive into the deep end of fully-remote proceedings. Not only is the owner-cum-driver not the author of the FIR, but instead he is one of the contesting respondents in the Claim Petition who, along with insurance company, is an interested party with a pecuniary stake in the result of the case. vs. The insurance company, on the other hand, relied upon the contents of the FIR and the ‘Investigation Report’ to aver that the accident took place due to rash and negligent driving of the truck driver alone. Constitutional Morality in a pluralistic society and secular polity would reflect that the followers of various sects have the freedom to practise their faith in accordance with the tenets of their religion. The author will discuss the whole story and timelines of the newly amended Kerala Police Act, 2011. Various people gathered at the spot who took out the injured from the car. Obviously, limiting fundamental rights on the basis of “public morality” is rife with subjectivity since every dispensation/government may have its own definition of public morality which caters to its core vote base. He was convinced, and so stated, that without the application of Biblical principles in the establishment and building of this nation that it could not and would not be done. Would it not follow that synonymizing public morality with a judicially-fashioned version of constitutional morality would lead to undermining the constitutional mandate of moral diversity? The Bench also very rightly observed that, “One needs to be mindful that the approach and role of Courts while examining evidence in accident claim cases ought not to be to find fault with non-examination of some best eyewitnesses, as may happen in a criminal trial; but, instead should be only to analyze the material placed on record by the parties to ascertain whether the claimant’s version is more likely than not true.” The Bench observed thus while allowing an appeal against Rajasthan High Court judgment which had rejected the claim petition (by setting aside the Tribunal order allowing it). The statement of AW3, therefore, acquires significance as, according to him, he brought the injured in his car to the hospital. But wrongful acts like defamation, intimidation are penalized under Indian Penal Code and are non-cognizable in nature. While taking potshots on the decision of Rajasthan High Court, the Bench then goes on to add in para 18 that, “Unfortunately, the approach of the High Court was not sensitive enough to appreciate the turn of events at the spot, or the appellant-claimants’ hardship in tracing witnesses and collecting information for an accident which took place many hundreds of kilometers away in an altogether different State. While the contents of the FIR as well as the statement of Ritesh Pandey (AW3) leave no room to doubt that the injured were taken to the Hospital by private persons (and not by the police), it is quite natural that the police would also have reached the Government hospital at Ghazipur and therefore, it was mentioned that Sandeep Sharma was brought in by SI Sah Mohammad.”, Needless to say, it is also then rightly added in para 16 that, “It is commonplace for most people to be hesitant about being involved in legal proceedings and they therefore do not volunteer to become witnesses. After all, the Constitution is not meant to prevent the society from making moral progress through trial and error, which is not just the right of a sovereign society but is also consistent with social evolution. Democracy has travelled a long way from those times. In the next few pieces, this author will explore the following aspects of the same issue: J. Sai Deepak is an Advocate practising as an arguing counsel before the Supreme Court of India and the High Court of Delhi. He was a man of integrity and a God-fearing leader. The reasoning given by the High Court to disbelieve Ritesh Pandey AW3, on the other hand, cannot sustain and is liable to be overturned. Keeping the morality of the constitution or preserving, perfecting, and perpetuating it, has evolved as the greatest challenge for the contemporary States in the twenty first century. Likewise, the award can be issued through email by sending scanned signed copies. 21st Nov, 2020, different kinds of responses were received from the society. A somewhat similar situation arose in Dulcina Fernandes v. Joaquim Xavier Cruz (2013) 10 SCC 646 wherein this Court reiterated that: “7. He was travelling in a car bearing registration no. In the words of R.M Sahai J., the importance and utmost vitality of the Preamble and its relationship with the Constitution can be understood as “The preamble to the constitution is a turning point in history”. We ask students to login via google as we share a lot of our content over google drive. Close to the facts of the case in hand, this Court in Parmeshwari v. Amir Chand (2011) 11 SCC 635, viewed that: “12. Right after the amendment introduced on Saturday i.e. Two of the buzziest words today are “constitutional morality”. As the protests on farm laws continues, one cannot help but wonder at the level of misinformation that is fueling these protests. Alternate dispute resolution systems such as arbitration, stand on a different footing than litigation in the judicial system. To claim that “the Supreme Court cannot afford to denude itself of its leadership as an institution in expounding constitutional values” since “any loss of its authority will imperil democracy itself”, is to instill and encourage in the public a general distrust of the Legislature and the Executive. Not in the scope of legislation: The last ground on which this provision was challenged by the petitioners that, the newly introduced provision is not in consonance with the object of Kerala Police Act. The Constitution defines the roles and responsibilities of the government and regulates the relationship between the government and the people governed. It will be akin to tax payers money effectively going to fill the coffers of private and rich individuals who will be able to procure agri-produce at prices much lower than the legitimate price even as farmers are left high and dry. It is a key to the Constitution. The number of the truck could not be noticed as it was dark. The Apex Court further held that the Preamble could be amended, however, subject to the condition that no amendment is done to the ‘basic features of the Constitution’. Dr. B.R Ambedkar profoundly advocated the correctness of the declaratory part which has been borrowed from the Constitution of USA, stating that this declaratory part separates itself from the other three parts and could be understood by a lay man. The petitioner contended that, in Shreya Singhal case, when the Supreme Court has already struck down the section then there is no need to introduce this section which are of similar nature with Section 66A of Information Technology Act, 2000. Constitutional morality means adherence to the core principles of the constitutional democracy. The pith and marrow of this discussion is that constitutional morality may be invoked on the basis of the provisions of the Constitution to question the conduct of the State and to identify the metes and bounds within which the State must operate. Third, the FIR was lodged two days after the accident, on 27.03.2009. For the latest news Download The Daily Guardian App. We hold accordingly.”, Finally, it is then held in para 26 that, “In light of the above discussion, the judgment under appeal of the High Court is set aside and the appellants are held entitled to compensation as awarded by the Tribunal, besides 40% addition in the annual income of the deceased towards ‘future prospects’. However, the true genius of Swamiji lay in his unapologetic and unequivocal articulation of a critical layer of nuance which contemporary, urbanised and chic Vedantins conveniently seem to gloss over. For example, by abolishing the practice of Sati by legislation, the right to dignity and life was passed on to the widows which later on affected the perception of the practice in the society. John Adams on the Importance of Morality & Religion ... of America, wrote: We have no government armed with the power capable of contending with human passions, unbridled by morality and true religion. Firstly, it traced the defining ideals of the Constitution of Independent India, and secondly, it provided the framework within which the work of the constitution-making was to proceed. The Daily Guardian is now on Telegram. But, COVID-19 has had an equalizing effect on litigation as well. The international conventions relating to arbitration require filing of original or duly authenticated copy of the award for enforcement. However, it cannot be used to emasculate the discretion and prerogative constitutionally vested in the State to define public morality by virtue of it being an elected body. Nothing more remains to be said. Therefore, according to him, it was no one else’s business to sit in judgement over a sampradaya. How important was religion to the Founding Fathers of the United States of America? In the current system, those that are not able to sell their produce to the government have the option to sell it in open market. NEHRUVIAN RESOLUTION: AIMS & OBJECTIVES OF PREAMBLE OBJECTIVES RESOLUTION. Even such limited procurement leaves FCI with a massive surplus of coarse grains. Gandhi’s view was that in the British system, the parliament works only for partisan interest — and not for the national interest. 1) against the Motor Accident Claims Tribunal’s (hereinafter, “Tribunal”) award dated 01.09.2012 was allowed and the Claim Petition was rejected, whereas the appeal filed by the appellant-claimants for enhancement of compensation was consequently dismissed.”, While dwelling on the facts of the case, the Bench then observes in para 3 that, “Sandeep Sharma (deceased), was a resident of District Sikar in Rajasthan. As you read these selections by several of the men who helped frame our Constitution and Declaration of Independence, you’ll see […] In the absence of clarity and restraint, the application of constitutional morality would, in fact, lead to: The most disturbing consequence of the untrammeled use of constitutional morality by Courts would be that the role and the say of the society in laying down what constitutes public morality would stand completely ceded to a body which does not represent the will of the people and is a law unto itself on most matters relating to it. Jawaharlal Nehru modified the earlier declaration from ‘freedom of thought, belief, vocation, association and action’ to a more precise declaration. His version is hearsay and cannot be relied upon. Ram Rajya — sovereignty of the people based on pure moral authority. APEIROGON TECHNOLOGIES PVT. In a parliamentary democracy, the obligations of constitutional morality are expected to be equally binding on the government and the opposition. A simple economic analysis of such a measure will tell us that prohibiting purchase of agriculture produce below MSP, especially through criminalization of such act could leave millions of farmers without an avenue to sell and possibly divert tax payers money for the benefit of traders and corporations. 1) What do you understand by constitutional morality in the context of Indian legal system. The Cabinet sat in the afternoon of 24th Nov, 2020 and recommended the Honorable Governor of Kerala Mr. Arif Mohammed Khan to issue an ordinance to withdraw Section 118A of the Kerala Police Act which got his assent on 21st Nov, 2020. The victims are mainly from the women and transgender section. That said, in applying constitutional morality to evaluate State action, the judiciary must be able to identify those provisions of the constitution whose underlying message or spirit is violated by State action. LTD It was clarified by Honorable Chief Minister that, the object of introducing the provisions of Section 118A of Kerala Police Act was to overcome or reduce the harassment faced by many individuals on Social media platform. Specifically women or transgender community has faced lot of harassment through social media platforms. The main objective of introducing this amendment into the Kerala Police Act is to overcome with the problem of false allegations made through the social media platform which obviously harm the liberty & dignity of the individuals. The new phrase ‘freedom of expression, faith, and worship’ was added to the Nehru’s Objectives Resolution. If the owner-cum-driver of the car were setting up a defence plea that the accident was a result of not his but the truck driver’s carelessness or rashness, then the onus was on him to step into the witness box and explain as to how the accident had taken place. Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. First, the author of the FIR that is, Praveen Kumar Aggarwal does not claim to have witnessed the accident himself. Domestic courts had generally not adopted remote technology in any form, and those courts own the important task of enforcing arbitration awards. Privacy and confidentiality are hallmark attributes of arbitration. This witness is a resident of Ghazipur in Uttar Pradesh. Second, it appears from the illegible part of the FIR that the informant had some closeness with the owner-cum-driver of the car and there is thus a strong possibility that his version was influenced or at the behest of Sanjeev Kapoor. This provision set out the punishment which is either imprisonment up to 3 years or a fine up to Rupees. Constitutional morality can use laws and forms to impact and change the persisting social morality. Contrarily, the statement of AW3 does not suffer from any evil of suspicion and is worthy of reliance. Discuss. However, the infamous Emergency exposed the flaws in Indian democracy. According to article 213(2) of the Constitution, the ordinance remains in force for the period of six weeks from the time when assembly passes a resolution disapproving the same. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines. This is precisely the treatment the doctor prescribed for the Indic civilization in its direst hour of self-doubt. The FIR recites that some of the injured including Sandeep Sharma were referred to BHU, Varanasi for treatment, even though as per the medical report this took place only on 26.03.2009, the day after the accident. Not only does Bharat have external challenges, it also faces serious challenges from within its own civilizational weave because those who claim to be its most ardent proponents seek to recast it in an alien mould which could kill the very essence of Bharat. Who will define the injury to the mind? A long pending reform which was also a part of manifestos of Congress – the principal opposition party- and Bhartiya Kisan Union – the principal constituent of ongoing protests and had a near-unanimous approval of all policy makers and economists seems to find no backers as the discourse has turned completely emotional. These proceedings have been aided by the promulgation of copious guidance on how to use such technology effectively and best practices to ensure procedural fairness. The most important goal of constitutional morality was to avoid revolution, to turn to constitutional methods for the resolution of claims. A fundamental rule of economics (or rather of common sense) is that when any price floors are set – which is what MSP is going to be- then there is a surplus production. Gandhi’s greater … The New India Assurance Co. Ltd. & Anr. There was much scepticism about the idea of universal adult franchise during the making of the Indian Constitution. Sanjeev Kapoor, who was also its owner, was driving the car when at about 10:20 PM near village Atroli, a truck coming from the opposite side struck the car as a result of which all the occupants suffered injuries. 1 in favour of the claimants. 10,000 or both to those who makes, expresses, publishes or disseminates content through any means of communication with an intention to intimidate, insult or defame any individual through social media. However, ongoing protests seem to have breached all limits of misinformation. Arbitral institutions have moved quickly to minimize disruption caused by the pandemic: the ICC, for example, has digitized requests for arbitration, the LCIA has set up a virtual platform to file applications, parties governed by ICSID rules are encouraged to file submissions electronically and many arbitral bodies have now published guidance to online hearings. The Kerala Police Act is made to administer and regulate the police force in the state. Umed Singh is not related to the appellant but as a good citizen, Umed Singh extended his help to the appellant by helping her to reach the doctor’s chamber in order to ensure that an injured woman gets medical treatment. In other words, described it as an espousal of a ‘soft secularism’ and agreed with the broadened definition adopted by the Court in Indra Sawhney v Union of India (1992), hence held that Preamble is the integral part of Constitution of India. To access the same, a google account is a must. The legal challenges for section 118A of the Kerala police act, 2011 were not coming to an end or reaching to a conclusion. GROUNDS OF CHALLENGING THE SECTION 118-A OF THE KERALA POLICE ACT. 3. Also, I will be enunciating upon the emergence of basic structure doctrine and amendable nature of Preamble with reference to landmark judgments. Remote technology to keep the arbitration Council of India to be restrained through Hon ’ ble Apex Court held the... 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