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Constitutional Morality is reinforced by civil society organizations that file PILs, document violations, advocate for reforms, and facilitate access to justice. Which of the following is NOT a typical role of civil society in promoting Constitutional Morality?
- Filing public interest litigation for marginalized groups
- Replacing judicial functions by directly enforcing rights
- Documenting rights violations and providing evidence for judicial/legislative action
- Conducting awareness campaigns to empower citizens to claim rights
Answer: Replacing judicial functions by directly enforcing rights
Civil society and Constitutional Morality: (a) Typical roles: (i) PIL filing: Organizations like PUCL, ADR, NALSA file petitions to enforce rights of marginalized groups, (ii) Documentation: Research, reports on rights violations provide evidence for judicial/legislative action, (iii) Advocacy: Campaigns for legislative reforms (RTI Act, POCSO Act), policy changes, (iv) Access to justice: Legal aid clinics, awareness programs, accompaniment to courts for marginalized communities, (v) Accountability: Social audits, RTI applications, public hearings hold state accountable, (b) Limits: Civil society cannot replace judicial functions; courts retain authority to interpret Constitution, enforce rights, (c) Constitutional Morality principle: Participatory constitutionalism — rights realization requires active citizen engagement alongside state institutions, not substitution of institutional roles, (d) Balance: Civil society complements, not replaces, constitutional institutions. Illustrates democratic constitutionalism: multiple actors collaborate to realize constitutional values.