Morality

• Comes- root word- “mos”-means “Customs”.

• Address- concepts good & bad action.
• System of rules- allow people to coexist
peacefully in organizations.
• Refers- to what civilization & groups see as
“right & acceptable”.
• Geographical locations/religion/family/ life
experiences- all have an impact on morals.
 Public Morality
• Refers- values that person- uphold in his public life.
• Each profession- own set- guidelines/ standards/ values.
• Laws- created- regulate/preserve public values.
• Social norms- helps individuals in performing their professions
successfully.
• In this- people see- members- large political community as citizens
of a State.
• Demands- we put aside on loyalty to blood relatives, look beyond
our own interest & commit to utilize power based on common
values.
• Citizens in democratic society- tied together by commitment to
common values established through public reason such as political
freedom, shared traditions & cultural heritage rather than by
sentiments or self-interest.
 Constitutional Morality
• New concept-written in const.- FR (A. 12-35), DPSP (A.36-
51), Preamble & FDs.
• Not limited only to follow Const. provisions literally but
based on values like individual autonomy/liberty/ equality
without discrimination/ recognition of identity with dignity
& right to Privacy.
• Adherence- to core principles of Const. democracy.
• Ensures est.- ROL in land while integrating changing
aspirations & ideals of the society.
• It is sentiment to be cultivated in minds of a responsible
citizen.
• Upholding C.M- not just duty of judiciary or State but also
of individuals.
 S.C. Judgements
 Sabarimala Verdict- in this religious freedom/
gender equality/ right of women to worship
guaranteed U/A. 14,21,25- reinstated which stuck
down practice of banning entry of women of a
certain age to temple in Kerala as unconstitutional.
 Kesavananda Bharati case- S.C. restricted power of
Parliament to violate basic structure of Const.
• Central Elements of C.M- freedom & self-restraint.
• self-restraint- precondition for maintaining
freedom under a proper Constitutional Govt.
 Conclusion
• Place of morals- law- main concern- legal/political
philosophers.
• It upheld right over wrong but because of lack of correct
interpretation – differs from person to person.
• Conflict b/w C.M. & S.M as because S.M upheld/ validate
things which are valid from very long time & oppose
other things like same sex marriage/ adultery etc. but as
a wise judge thinks that society grows with time & law-
changed/ adaptable acc. To modern needs of people.
• Necessary to differentiate b/w C.M & S.M.