Constitutional Propriety

Constitutional Propriety means following the spirit and principles of the Constitution, even if it's not explicitly written in the law. It's about acting ethically and maintaining public trust while running the government. While not directly mentioned as a specific article, it's rooted in the Preamble, Fundamental Rights, and Directive Principles of State Policy, which emphasize ethical governance.

Key provisions related to Constitutional Propriety include:

• •Upholding the spirit of federalism and respecting the autonomy of states.
• •Maintaining impartiality and neutrality in political matters.
• •Acting on the aid and advice of the Council of Ministers, except in matters of discretionary powers.
• •Ensuring transparency and accountability in governance.
• •Avoiding actions that could undermine the credibility of constitutional institutions.

In practice, Constitutional Propriety guides the actions of constitutional functionaries like the President, Governors, and Speakers. For example, a Governor should act impartially when inviting a party to form the government. It also influences parliamentary practices, such as maintaining decorum and respecting the rights of the opposition.

Challenges include differing interpretations of the Constitution's spirit, political pressures that can compromise impartiality, and a lack of explicit legal sanctions for violations of propriety. Recent disputes between Governors and State Governments highlight these challenges.

Constitutional Propriety is crucial for maintaining public trust in government, ensuring the smooth functioning of institutions, and upholding the values of democracy, such as fairness, accountability, and respect for the rule of law. It ensures that power is exercised responsibly and ethically.

A common misconception is that Constitutional Propriety is merely about following the letter of the law. In fact, it goes beyond legal compliance to encompass ethical conduct and adherence to constitutional values. Another misconception is that it is not important since it is not legally enforceable in many cases; however, it is vital for maintaining the integrity of constitutional institutions.

Suggested reforms include:

• •Developing a code of conduct for constitutional functionaries to provide clearer guidelines.
• •Promoting greater transparency and accountability in the functioning of constitutional institutions.
• •Strengthening mechanisms for resolving disputes between different branches of government.
• •Increasing public awareness about constitutional values and principles.

While Constitutional Propriety isn't tied to specific articles, it's linked to the Preamble (emphasizing justice, liberty, equality), Fundamental Rights (ensuring basic rights are protected), and Directive Principles of State Policy (guiding the government towards social and economic justice). Judicial pronouncements, like the *S.R. Bommai case*, also contribute to its understanding.

The concept of Constitutional Propriety has evolved through judicial interpretations, conventions, and parliamentary practices. The Sarkaria Commission and Punchhi Commission reports have emphasized its importance, particularly in Centre-State relations. Increasing instances of disputes have also shaped its understanding.

Constitutional Legality refers to actions that are strictly in accordance with the written laws and articles of the Constitution. Constitutional Propriety, on the other hand, goes beyond legality to consider whether an action is consistent with the spirit, values, and ethical principles of the Constitution, even if technically legal.

While many countries adhere to the rule of law, the emphasis on Constitutional Propriety as a distinct concept may vary. In some countries, ethical conduct in public life is primarily governed by specific laws and regulations, while in India, Constitutional Propriety plays a more significant role in guiding the behavior of constitutional functionaries.

The politicization of constitutional offices poses a significant threat to Constitutional Propriety. When appointments are based on political considerations rather than merit and impartiality, it can undermine public trust and compromise the ability of these offices to function independently and ethically. This can lead to a erosion of constitutional values and principles.