Constitutional Thinking must begin at Home for Social Justice
Source:The Hindu ↗
Why It Matters
The article provides excellent real-world context for GS2 (Judiciary & Vulnerable Sections) and GS4 (Constitutional Morality). It underscores the limitations of the law in driving social change without a corresponding shift in societal values, and it highlights structural barriers in the justice system, such as complex legal jargon and caste discrimination in prisons.
Summary
Speaking at 'The Hindu Justice Unplugged' event, former Chief Justice of the Orissa High Court S. Muralidhar emphasized the need for "constitutional thinking" to begin at home, noting that the Constitution's provisions often fail to influence personal behavior. He highlighted the gap between progressive laws—such as the decriminalization of homosexuality or the Sukanya Shanta judgment ending caste-based prison segregation—and actual societal acceptance. Muralidhar stressed the importance of improving access to justice by simplifying legal language so litigants can understand court proceedings. He also commended a new generation of idealistic lawyers working to aid marginalized groups, such as death row and life-sentence prisoners.
Key Points
- Former Chief Justice S. Muralidhar asserted that constitutional values and thinking must begin at home to genuinely transform societal behavior.
- He pointed out a disconnect between progressive legal rulings (like the decriminalization of homosexuality) and the slow pace of social acceptance.
- He highlighted the recent Sukanya Shanta judgment, which struck down caste-based segregation in prisons, as a critical intervention for equality.
- Access to justice remains hindered by complex legal language; simplifying statutes and proceedings is necessary to empower everyday litigants.
- The involvement of idealistic young lawyers in initiatives (like 'Square Circle') to assist marginalized groups, including death row inmates, signals positive reform within the legal system.
Important Terms
Sukanya Shantha Judgment
Landmark 2024 Supreme Court ruling striking down caste-based labor and segregation in prison manuals. It declared assigning menial tasks based on caste unconstitutional under Articles 14, 15, 17, and 21.
UPSC context
GS II (Judiciary/Social Justice). Tests knowledge of fundamental rights in custodial settings and landmark rulings on institutional discrimination.
Constitutional Morality
Judicial doctrine ensuring government and societal actions align with constitutional values (equality, liberty) rather than popular morality. It protects individual rights and pluralism from majoritarian influence.
UPSC context
GS II/IV (Polity/Ethics). Evaluates understanding of constitutional values versus societal norms and the philosophical basis of judicial interpretation.
Section 377 IPC
A colonial law criminalizing "unnatural offenses." In 2018, the Supreme Court decriminalized consensual same-sex acts between adults, upholding the rights to privacy, dignity, and equality.
UPSC context
GS II (Fundamental Rights). Assesses awareness of legal evolution regarding individual liberty, privacy (Art 21), and protection of LGBTQ+ rights.
Access to Justice
A fundamental right ensuring citizens can seek legal remedies. It involves affordable legal aid (Article 39A), simplified language, and reducing barriers for marginalized communities.
UPSC context
GS II (Governance/Judiciary). Tests understanding of legal aid (Article 39A) and institutional mechanisms for ensuring equitable justice.
Prison Reforms
Structural changes to transform jails from punitive to rehabilitative centers. Key issues include ending overcrowding, ensuring prisoner rights, and abolishing discriminatory practices like caste-based labor.
UPSC context
GS II/IV (Criminal Justice/Human Rights). Relevant for questions on prison administration, rehabilitation, and the rights of the incarcerated.
Prelims Trap
"The Supreme Court struck down caste-based segregation in Central Prison Manuals legislated by the Union Government."
Prisons are a State List subject (Entry 4). The Sukanya Shanta judgment struck down provisions in various State prison manuals, not Union legislation.
Static Concepts Connected
What is 'Constitutional Morality' in Indian jurisprudence?
- Origin: Dr. B.R. Ambedkar popularized the term, meaning paramount reverence for the forms of the Constitution and peaceful, constitutional methods to resolve disputes.
- Core Elements: It encompasses core constitutional principles like equality, non-discrimination, liberty, and dignity, rejecting outdated societal norms or majoritarian views.
- Apex Court Usage: The Supreme Court used it in Navtej Singh Johar (Section 377) and Sabarimala to rule that constitutional morality trumps regressive 'social or public morality'.
Which Constitutional articles form the bedrock of 'Access to Justice' in India?
- Article 39A: Inserted by the 42nd Amendment, it directs the State to provide free legal aid to ensure opportunities for securing justice are not denied by economic or other disabilities.
- Article 21: The Supreme Court has interpreted the right to a speedy trial and free legal aid as implicit within the right to life and personal liberty.
- Article 14: Ensures equality before the law; equal access to courts and comprehensible legal proceedings are prerequisites for true equality.
Cross-Topic Patterns
Prison reforms and federalism
The Sukanya Shanta case intersecting with State List Entry 4 (Prisons) shows how fundamental rights (Art 15, 17) directly override outdated state-level executive rules like prison manuals.
Legal language and Article 348
The push to simplify judicial language links directly to Article 348 (Language of higher courts) and the Supreme Court's SUVAS AI translation initiative for regional languages.
A mains question evaluating 'Constitutional Morality vs. Social Morality' using the Sukanya Shanta judgment is highly likely in 2026.
Linked PYQs · 4
Linked PYQs · 4
- 2025MainsGS4
"Constitutional morality is not a natural sentiment but a product of civil education and adherance of the rule of law." Examine the significance of constitutional morality for public servant highlighting the role in promoting good governance and ensuring accountability in public administration.
- 2022MainsGS4
Discuss the significance of 'Constitutional morality' in the context of Indian governance.
- 2019MainsGS4
What is meant by the term 'constitutional morality'? How does one uphold constitutional morality?
- 2023MainsGS2
Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India.
