Constitutional Morality
🔷 Constitutional Morality
🔹 1. Meaning of Constitutional Morality
Constitutional Morality refers to the adherence to the core values and principles enshrined in the Constitution. It implies respecting and upholding:
Rule of law
Democracy
Equality
Liberty
Fraternity
Justice (social, economic, political)
Secularism
Dignity of the individual
It requires both citizens and state institutions (especially the executive, legislature, and judiciary) to act in accordance with the spirit of the Constitution, not just its text.
🔹 2. Origin of the Concept
The term "constitutional morality" was first used by Dr. B.R. Ambedkar in the Constituent Assembly Debates.
Ambedkar said that constitutional morality is not a natural sentiment, but must be cultivated through education and awareness.
He warned that without constitutional morality, a Constitution, however good, may not work effectively.
🔹 3. Components of Constitutional Morality
| Component | Explanation |
|---|---|
| Respect for the Constitution | Following both the letter and spirit of the Constitution. |
| Protection of Fundamental Rights | State must protect individual rights, even against majority opinion. |
| Checks and Balances | Ensuring balance between legislature, executive, and judiciary. |
| Democratic Values | Promoting tolerance, debate, dissent, and participatory governance. |
| Secularism | Equal treatment of all religions by the State. |
| Social Justice | Empowerment of disadvantaged and marginalised groups. |
🔹 4. Judicial Recognition of Constitutional Morality – Key Case Law
✅ Navtej Singh Johar v. Union of India (2018)
Issue: Constitutional validity of Section 377 IPC (criminalizing homosexuality).
Held: Supreme Court decriminalized consensual same-sex relations.
Relevance: The Court held that constitutional morality must prevail over social morality.
The dignity and privacy of individuals, even if belonging to a minority, must be respected.
Majoritarian views cannot suppress the fundamental rights of individuals.
✅ Government of NCT of Delhi v. Union of India (2018)
Issue: Power tussle between the Delhi Government and Lieutenant Governor.
Held: Supreme Court emphasized that the elected government must have real authority.
Relevance: The Court said constitutional morality requires collaborative federalism, accountability, and adherence to the spirit of democracy.
✅ Indian Young Lawyers Association v. State of Kerala (Sabarimala Case, 2018)
Issue: Ban on entry of women aged 10–50 years into Sabarimala Temple.
Held: Ban was unconstitutional; violated equality and dignity of women.
Relevance: The Court held that customs cannot override constitutional morality, especially when they violate fundamental rights.
✅ Kesavananda Bharati v. State of Kerala (1973)
Issue: Limits of Parliament’s power to amend the Constitution.
Held: Parliament cannot alter the “basic structure” of the Constitution.
Relevance: Constitutional morality was referred to as a limiting factor for constitutional amendments.
✅ Shreya Singhal v. Union of India (2015)
Issue: Validity of Section 66A of the IT Act (criminalizing online speech).
Held: The section was struck down for violating freedom of speech and expression.
Relevance: The Court said that constitutional morality requires protecting dissent, even when unpopular.
🔹 5. Importance of Constitutional Morality
| Benefit | Explanation |
|---|---|
| Safeguards Democracy | Prevents authoritarianism and arbitrary use of power. |
| Upholds Rule of Law | Ensures that everyone, including the government, is accountable. |
| Protects Minority Rights | Guards against majoritarian tyranny. |
| Ensures Progressive Interpretation | Helps judiciary interpret laws in line with evolving social values. |
| Promotes Social Justice | Supports affirmative action and inclusion. |
🔹 6. Constitutional Morality vs. Social Morality
| Aspect | Constitutional Morality | Social Morality |
|---|---|---|
| Based on | Constitution and its values | Prevailing societal beliefs/customs |
| Focus | Equality, dignity, liberty | Tradition, religion, community sentiment |
| Binding on State? | Yes | No |
| Example | Legalizing same-sex relationships | Social disapproval of homosexuality |
🔹 7. Challenges in Upholding Constitutional Morality
Resistance from conservative sections of society.
Conflict with religious customs and personal laws.
Populism and vote-bank politics may ignore constitutional values.
Lack of awareness among citizens about constitutional ideals.
Tendency of institutions to favour social morality over constitutional obligations.
🔹 8. Conclusion
Constitutional Morality is the backbone of constitutional governance in India.
It requires institutions to rise above popular opinion or religious customs, and act in accordance with constitutional values.
Courts have played a crucial role in enforcing constitutional morality, especially in protecting individual rights and maintaining democratic principles.
As Dr. Ambedkar rightly warned, failure to observe constitutional morality can lead to the collapse of constitutional democracy.
RELATED Blog
0 comments