Identify the incorrect statement:

Question

Accepted Answer

The correct option is 4:

The question asks to identify the *incorrect* statement regarding the concept of Constitutional morality. Constitutional morality refers to adhering to the fundamental values, spirit, and ethos of the Constitution, beyond merely following the letter of the law.

Option 4 states: "I hope Constitutional morality will die with its birth." - K. M. Munshi. This is the incorrect statement because K. M. Munshi, a prominent member of the Drafting Committee of the Indian Constitution, was actually a strong proponent of constitutionalism and was instrumental in shaping the structure of the Constitution. The quote provided is contrary to his known commitment to upholding the Constitution and its values. The statement is often misattributed or fundamentally inconsistent with the views of the framers like Munshi, who worked to establish and safeguard Constitutional values. Therefore, this quote, especially the hope that Constitutional morality would 'die,' is false in the context of Munshi’s political philosophy.

The incorrect option is 1:

Option 1 states: "The survival of our democracy and the unity and integrity of the nation depend upon the realization that Constitutional morality is no less essential than Constitutional legality." - N. A. Palkhivala. This statement is a correct reflection of the views of N. A. Palkhivala, one of India's most respected constitutional experts and jurists. Palkhivala emphasized that adherence to the spirit (morality) of the Constitution is crucial for democracy's survival, arguing that mere legality without underlying values is insufficient. He consistently championed constitutional values against state overreach, making this quote accurate. Therefore, since the statement is factually correct, it is not the answer to the question "Identify the incorrect statement."

The incorrect option is 2:

Option 2 states: "Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it." - B. R. Ambedkar. This is a historically accurate and famous quote by Dr. B. R. Ambedkar, the Chairman of the Drafting Committee. Ambedkar delivered this warning in the Constituent Assembly, expressing apprehension that constitutional values must be actively cultivated and protected by the citizenry and political class, as they do not spontaneously arise. He was stressing the fragility of democratic institutions if constitutional principles were not adopted as a way of life. Since this is an accurate quote from a key figure, it is a correct statement and thus not the answer to the question.

The incorrect option is 3:

Option 3 states: "Popular morality, as distinct from a Constitutional morality derived from Constitutional values .... If there is any type of "morality" that can pass the test of compelling state interest, it must be "Constitutional morality and not public morality." - Delhi High Court: Naz Foundation Case. This is an accurate excerpt from the landmark 2009 Delhi High Court judgment in the *Naz Foundation* case (which decriminalized Section 377 of the IPC, though later overturned). The court explicitly distinguished between fluctuating "popular morality" (the transient views of the majority) and "Constitutional morality" (the enduring principles of the Constitution like equality, dignity, and non-discrimination). The court held that the law must be based on Constitutional morality, even if it contradicts popular sentiment. Since this statement accurately reflects the judicial pronouncement, it is a correct statement and thus not the answer to the question.