Constitutional Morality In Nepal

Constitutional morality is a new idea . It is Composed generally in the constitution like in the section of fundamental rights ( article 16-46) Directive Principles, Policies and Obligations of the State ( part 4 article 49 to 55 ) Preamble and fundamental duties . Nepal Can not including In Fundamental Morality . Other South Asian country included constitution morality in the constitution . Constitution morality is a new concept . This is tasted in used the principle of constitution . Nepal has not adopted this method in a specific way. But looking at the constitution, other laws and fundamental rights, it is seen that there is fear based on this system.

Constitutional Morality is important developing concept . India has taken it seriously. The principle of constitutional morality is in accordance with the rule of law and the rule of constitutional supremacy. It also helps in the effective implementation of the constitution. In addition, constitutional ethics helps to make citizens accountable to the constitution.

According to specific difinition :-

• According to Dr. Ambedkar, Constitutional morality would mean effective coordination between conflicting interests of different people and the administrative cooperation to resolve them amicably without any confrontation amongst the various groups working for the realization of their ends at any cost.
• Constitutional morality has been regarded as a paramount reverence for the constitution.
• Constitutional morality provides a principled understanding for unfolding the work of governance. It specifies norms for institutions to survive and an expectation of behaviour that will meet not just the text but the soul of the Constitution. It makes the governing institutions and representatives accountable.
• Constitutional Morality is scarcely a new concept. It is written largely in the Constitution itself like in the section of Fundamental Rights ( article 16-46) Directive Principles, Policies and Obligations of the State ( part 4 article 49 to 55 ) Preamble and fundamental duties .

Significant

• Constitutional morality ensures the establishment of rule of law in the land while integrating the changing aspirations and ideals of the society.
• Constitutional morality as a governing ideal that highlights the need to preserve the trust of the people in institutions of democracy.
• Constitutional morality can use laws and forms to impact and change the persisting social morality.
• Constitutional morality recognises plurality and diversity in society and tries to make individuals and communities in the society more inclusive in their functioning by constantly providing the scope for improvement and reforms. For example in Navtej Singh Johar v. Union of India, the SC provided a framework to reaffirm the rights of LGBTQ and all gender non-conforming people to their dignity, life, liberty, and identity.

Need to Uphold Constitutional Morality

• The central elements of constitutional morality are freedom and self-restraint. Self-restraint was a precondition for maintaining freedom under a proper constitutional government.
  • To uphold constitutional morality, the constitutional methods must be used for achieving social and economic objectives.
• Commitment to the ideals and aspirations of the Constitution.
  • Awareness creation among the common public regarding their rights which are protected by the Constitution.
  • Following the Fundamental Duties while exercising Fundamental Rights.

Conclusion

It helps to follow and protect the constitution. The policy of the state works to support the implementation of the directive principle. The Constitution protects the implementation of the rule of law and the protection of fundamental rights.Constitutional Morality is a sentiment to be cultivated in the minds of a responsible citizen. Upholding constitutional morality is not just the duty of Judiciary or state but also of individuals.The preamble of the constitution explicitly mentions the type of society we wish to establish; it is only through constitutional morality it can become reality.The progressive and monumental precedents have been set-up by the judiciary in the past few years, where this doctrine has been applied especially in relation to the cases of gender-justice, institutional propriety, social uplift, checking majoritarianism and other such evils.