Why in the News?

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

What is Constitutional Morality?

Constitutional Morality refers to the set of values, principles, and norms that underlie and guide the functioning of a constitution, ensuring that laws, governance, and judicial decisions align with the foundational ideals of the constitution, such as justice, equality, and the protection of rights.
It emphasizes respect for the rule of law, the adherence to constitutional procedures, and the recognition of constitutional rights, fostering a culture of civic responsibility and public reason.

Key features of Constitutional Morality:

Respect for Constitutional Values: Adherence to the core principles embedded in the Constitution, including justice, equality, and freedom, even in the face of political pressure or societal trends.
Commitment to Fundamental Rights: Ensures that the rights of individuals, especially those of marginalized and vulnerable groups, are protected and upheld, regardless of changing societal attitudes.
Judicial Integrity and Autonomy: Courts use constitutional morality as a guide to interpret laws and adjudicate cases, ensuring decisions reflect the Constitution’s values, even when confronted with controversial issues.
Promotion of Civic Culture: Encourages citizens to value and respect the Constitution, promoting a culture of self-restraint, responsibility, and participation in democratic processes.
Balancing Tradition and Progress: Constitutional morality provides a framework for balancing traditional norms with progressive reforms, ensuring that reforms are in line with constitutional principles.

What are the Origins of Constitutional Morality?

The concept was first introduced by British historian George Grote in his book “A History of Greece,” where he discussed the reforms of the Athenian Constitution and emphasized the need for civic responsibility to prevent the usurpation of power. He described constitutional morality as a “paramount reverence for the forms of the Constitution”. Grote saw constitutional morality as a rare sentiment that includes freedom and self-restraint.
In the Indian context, the term was popularized by Dr. B.R. Ambedkar, who stressed its importance in the Indian Constitution to ensure a peaceful and free democracy. Ambedkar recognized that constitutional morality was not a natural sentiment and needed to be established and promoted within the polity.

How Does Constitutional Morality Influence Judicial Interpretation and Governance?

Guiding Judicial Decisions on Fundamental Rights: Constitutional morality serves as a guide for courts when interpreting and enforcing fundamental rights, especially in cases involving marginalized or vulnerable groups. It ensures that judicial decisions reflect constitutional principles such as equality, dignity, and justice.
- Example: In the Navtej Singh Johar v. Union of India (2018) case, the Supreme Court invoked constitutional morality to strike down Section 377 of the Indian Penal Code, decriminalizing consensual same-sex relations.
Balancing Tradition with Progressive Reforms: Constitutional morality allows the judiciary to balance traditional values with progressive reforms by focusing on the Constitution’s ideals rather than fluctuating public or political opinions.
- Example: In the Sabarimala case (2018), the Supreme Court used the concept of constitutional morality to allow women of all ages to enter the Sabarimala temple.
Ensuring Adherence to Constitutional Procedures: Constitutional morality stresses the importance of adhering to constitutional forms, rules, and procedures, ensuring that governance remains within the framework of law and order, and preventing arbitrary or undemocratic practices.
- Example: Judicial scrutiny in matters of electoral integrity, like the K.K. Verma v. Union of India case (2009), where the Court reaffirmed that elections must be conducted with strict adherence to constitutional norms, avoiding arbitrary changes to electoral laws.
Facilitating Judicial Oversight and Accountability: Constitutional morality encourages the judiciary to hold the executive and legislature accountable, ensuring they act in accordance with the Constitution. It allows courts to question and, if necessary, invalidate actions that undermine constitutional principles.
- Example: The Keshavananda Bharti case (1973) upheld the “basic structure doctrine,” wherein the Supreme Court ruled that even constitutional amendments cannot alter the Constitution’s basic structure.

Is constitutional morality a safeguard against fluctuating societal trends in law?

Bulwark Against Volatility: Constitutional morality ensures consistency in legal decisions, protecting fundamental rights and justice, regardless of changing societal trends.
- Example: In the Navtej Singh Johar case, the Court used constitutional morality to uphold the dignity of the LGBTQ+ community, despite fluctuating public views on same-sex relations.
Dangerous Weapon: Critics argue constitutional morality can be used to override public opinion or traditional values, leading to judicial overreach.
- Example: In the Sabarimala case, the Court’s decision to allow women of all ages into the temple sparked controversy, with some claiming it ignored religious customs and societal norms.

Way forward:

Strengthening Civic Education: Promote widespread understanding of constitutional morality through educational reforms, ensuring citizens are well-informed about the Constitution’s values and their role in upholding them. This can lead to greater respect for constitutional norms and active participation in democratic processes.
Judicial Vigilance and Reform: Ensure that the judiciary continues to use constitutional morality as a guiding principle in cases of constitutional interpretation, balancing traditional values with progressive reforms. This requires ongoing judicial training and a commitment to upholding the Constitution’s spirit, particularly in times of political or social upheaval.

Mains PYQ:

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.(UPSC IAS/2021)

Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024

Attend Now