Constitutional morality not just about laws but about living by those principles Ex-Orissa HC CJ

New Delhi, Nov 17 (PTI) Constitutional morality, as envisioned by B R Ambedkar, is not just about laws but about living by those principles in everyday life, former Orissa High Court chief justice S Muralidhar has said here.
    Participating in the third Justice Ajay Kumar Tripathi Memorial event on Saturday, he also stressed the importance of upholding constitutional values "in the face of rising populism" and the need for a moral compass in public life.
    The event was also addressed by former ambassador of India to Bhutan Pavan Varma and senior advocate Mahesh Jethmalani.
    The thought-provoking trialogue titled "Samvaad" on the theme of "Separation of Powers and the Idea of India Therein" at the India International Centre saw discussions on the evolving dynamics of the separation of powers within the Indian constitutional framework.
    Varma set the tone by addressing the erosion of democratic values, saying the "separation of powers was intended as a safeguard against tyranny".
    "...Yet, over the years, we have witnessed a concerning convergence of the executive and legislative powers, often leading to a monopoly of authority," he said.
    The former diplomat and author noted that the "diminishing role of the bureaucracy as a neutral force" has occurred due to an erosion of the "steel frame" envisioned by Sardar Patel.
    Muralidhar reflected on the concepts of democracy and constitutional morality in India.
    He stressed the need for introspection on "how democratic are we within our families and communities, before we expect it from the organs of the State and its institutions".
    "Constitutional morality, as envisioned by Dr Ambedkar, is not just about laws but about living by those principles in everyday life," Muralidhar said.
    "If all organs of the State, including the media and the Election Commission, work exactly the way they are expected to work, we would be a far better democracy and a far better India," he added.
    Jethmalani provided historical context, referring to the doctrine of separation of powers as conceptualised by Montesquieu, yet acknowledging its limited application in the Indian context.
    "While Montesquieu's theory finds no direct place in the Indian Constitution, the principle of checks and balances is deeply embedded within our legal system, particularly through judicial review," he explained.
    The annual memorial event is organised by the Justin Ajay Kumar Tripathi Foundation to commemorate Tripathi, who is remembered as a jurist who "did not merely interpret the law, but breathed life into it".
    Born on November 12, 1957, Tripathi served as the chief justice of the Chhattisgarh High Court and a judicial member of the Lokpal of India. He died in May 2020 after contracting COVID-19.

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