NOTE4STUDENTS:

UPSC has explored questions on constitutional morality in relation to case laws and judicial interpretations. It expects you to explain legal principles using real-life judgments. Questions usually test conceptual clarity, analytical ability, and connection to fundamental rights and governance. Many of you understand constitutional morality but fail to you’re your answers with relevant Supreme Court judgments. This is because you often treat constitutional morality as a fixed principle rather than an evolving doctrine shaped by judicial interpretations. The article clearly defines the term, linking it to Ambedkar’s vision and global origins. It compiles landmark cases such as Navtej Singh Johar (2018), Kesavananda Bharati (1973), and Shayara Bano (2017), which illustrate how courts apply constitutional morality. It explains how constitutional morality safeguards diversity by protecting minority rights, gender justice, and democratic principles, providing a clear framework for answering questions.

PYQs Anchoring:

GS 2: Q. ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. [2021]

Microthemes: Case Laws

Recently, our constitutional courts have adopted the concept of “constitutional morality” to help interpret laws and decide if they are constitutionally valid.

Understanding Constitutional Morality

Constitutional morality refers to adherence to the principles and values enshrined in the Constitution, ensuring justice, equality, and democratic governance. It extends beyond mere compliance with laws and promotes an ethical framework that balances power and accountability.

The concept was first introduced by British historian George Grote, who praised Cleisthenes’ democratic reforms in ancient Greece. In India, Dr. B.R. Ambedkar emphasized its importance in the Constituent Assembly Debates (1948), stating that constitutional morality must be cultivated to sustain democracy. He viewed the Constitution as not just a legal document but a tool to instill democratic values in society.

Importance of Constitutional Morality:

1. Prevents Abuse of Power – Ensures that leaders and institutions do not misuse their authority for personal or political gains. The Supreme Court’s intervention in the Pegasus spyware case (2021) reinforced government accountability.
2. Safeguards Fundamental Rights – Protects individual freedoms even when societal norms resist change. In Shreya Singhal vs. Union of India (2015), the Supreme Court struck down Section 66A of the IT Act, upholding free speech.
3. Promotes Social Justice – Challenges outdated customs and discrimination. The decriminalization of homosexuality in Navtej Singh Johar vs. Union of India (2018) was a victory for equality over conservative norms.
4. Strengthens Democratic Institutions – Ensures that governance follows fair processes. The disqualification of Maharashtra MLAs (2022) for procedural violations upheld electoral integrity.
5. Encourages Progressive Reforms – Constitutional morality fosters positive social changes, such as the permanent commission for women officers in the Indian Army (2020).
6. Respects India’s Diversity – Ensures fair treatment of all communities. The National Education Policy (NEP) 2020 promotes mother-tongue education, fostering cultural inclusivity.

Source of Constitutional Morality:

1. The Constitution – The foundation lies in Fundamental Rights (Articles 12-35), Directive Principles of State Policy (Articles 36-51), and Fundamental Duties.
2. Constituent Assembly Debates – The discussions by Ambedkar and others continue to influence its interpretation.
3. Judicial Precedents – Landmark rulings like S.P. Gupta vs. Union of India and Naz Foundation vs. NCT of Delhi have reinforced constitutional morality.
4. Historical Context – India’s struggles against colonial rule and movements for justice shape the moral underpinnings of its democracy.

Role of Constitutional Morality in Protecting India’s Diversity

In a diverse country like India, constitutional morality serves as a protective shield for marginalized communities, ensuring equal rights and social harmony.

1. Fosters Inclusion – Recognizes linguistic, religious, and cultural diversity, as seen in the State Reorganization Act (1956).
2. Defends Minority Rights – The Supreme Court’s Navtej Singh Johar (2018) verdict protected LGBTQ+ rights against majoritarianism.
3. Limits Government Overreach – Judicial review in cases like the Shah Bano case (1985) upheld individual rights against political pressures.
4. Ensures Fair Laws – The Sabarimala verdict (2018) rejected gender-based discrimination in temple entry.
5. Encourages Social Justice – The Indra Sawhney case (1992) upheld OBC reservations, ensuring fair representation.
6. Guides Progressive Reforms – The Triple Talaq verdict (2019) reinforced gender justice.

Constitutional Morality vs. Social Morality

Often, constitutional morality and social morality clash, leading to judicial interventions that favor progressive change.

Challenges to Constitutional Morality

1. Ethical Awareness:  It hinders the organic and natural development of liberalism or rectification of the wrongs or ethical ills of the society as it vests powers in the hands of the courts to implement a ‘top-down approach’ of the ideal on the morality front.
2. Abuse of Power: Opposition parties often accuse ruling dispensations of leveraging police or investigating agencies for political gain.
3. Balancing Social Morality: Issues like temple entry highlight the challenge of reconciling constitutional morality with traditional practices.
4. Impact of Absolute Power: The potential of parliamentary democracy to dilute constitutional morality when power becomes centralized.
5. Judicial Activism vs. Restraint: In the recent past, the Attorney General of India, Mr K.K. Venugopal described Constitutional Morality as “dangerous” to the country. He expressed that the Supreme Court is slowly transforming into a “third Parliament Chamber”.
6. Public Sentiment vs. Constitutional Principles: Populist demands often conflict with constitutional ideals, making it difficult for state organs to enforce principles without facing backlash.
7. Inconsistent Interpretation: Varying judicial interpretations of constitutional principles can lead to ambiguity in defining constitutional morality.

Conclusion: 

Constitutional morality is the ethical compass of governance, ensuring that democracy functions justly. As CJI D.Y. Chandrachud has observed, “Our Constitution is a moral document aimed at shaping the ideals of justice and liberty.” To uphold its values:

• Legal decisions must align with ethical governance.
• Institutions must function with transparency and accountability.
• Citizens must be aware of their constitutional rights and responsibilities.
• Judicial oversight should remain independent and robust.

Ultimately, constitutional morality ensures that India’s democracy remains fair, inclusive, and progressive, adapting to modern challenges while staying true to its foundational ideals.

Back to Basics: Understanding Constitutional Morality

To fully grasp the significance of constitutional morality, it is essential to understand how it differs from legal frameworks and why it is fundamental to a functioning democracy.

What is Constitutional Morality?

Constitutional morality refers to adherence to the core principles and values enshrined in a nation’s Constitution, ensuring that laws, policies, and governance align with the ethical spirit of democracy. It extends beyond legal compliance to uphold justice, equality, liberty, and accountability.

Key Aspects of Constitutional Morality:

1. Rule of Law: Governance must function within constitutional boundaries rather than personal or political preferences.
2. Individual Rights Over Social Norms: Fundamental rights must be protected even when they challenge societal traditions (e.g., decriminalization of homosexuality in Navtej Singh Johar case).
3. Separation of Powers: Different branches of government—executive, legislature, and judiciary—must function independently yet harmoniously.
4. Checks and Balances: Constitutional morality ensures that power is not concentrated and remains accountable to democratic institutions.
5. Evolution with Society: The Constitution is a living document that must adapt to contemporary challenges while upholding its fundamental ideals.

Judicial Evolution