The relationship between morality and law has long intrigued philosophers and jurists. The debate resurfaced in India’s constitutional discourse through the concept of “constitutional morality”, which balances ethical governance with constitutional principles.

What is Constitutional Morality?

• Definition: Constitutional morality refers to adherence to the spirit, values, and ethical vision of the Constitution — justice, liberty, equality, and fraternity — beyond mere legal or procedural compliance.
• Essence and Purpose: It acts as a moral compass ensuring that political power is exercised with integrity, restraint, and accountability within constitutional boundaries.

Historical and Philosophical Foundations

• Ancient India: Law and morality were unified under Dharma, combining legal, ethical, and spiritual duties. Texts like the Tirukkural emphasised Aram (virtue) as the guiding principle of conduct.
• Western Philosophy: The Hart–Devlin Debate (1960s) explored whether the law should enforce morality. Lord Devlin supported enforcing moral standards; H.L.A. Hart opposed such intrusion.
• Judicial Perspective: In Shaw vs DPP (1962), the House of Lords held that the law protects both order and moral welfare.
• Indian Recognition: In P. Rathinam vs Union of India (1994), the Supreme Court acknowledged that law embodies moral principles reflecting fairness and justice.
• Law–Morality Interplay: Sometimes law leads morality (e.g., abolition of untouchability), and sometimes follows it (e.g., gender equality).

Evolution of Constitutional Morality

• George Grote’s Concept: Grote defined it as reverence for the forms of the Constitution, trust in legal authority, and free criticism within constitutional limits.
• Ambedkar’s Adaptation: He viewed it as essential for sustaining democracy in India, requiring deliberate cultivation among citizens and institutions.
• Dicey’s Distinction: Constitutional law comprises legally enforceable rules upheld by the courts, while constitutional morality consists of conventions, habits, and ethical practices guiding constitutional functionaries but lacking legal enforceability.
• S.P. Gupta Case (1982): Justice Venkataramiah stated that violating conventions constitutes a serious breach of constitutional morality, inviting political consequences even if not judicial sanctions.
  • Constitutional morality, therefore, is a moral compass ensuring power is exercised ethically within constitutional limits.

Core Pillars of Constitutional Morality

• Core Values: Justice, Liberty, Equality, Fraternity, Secularism, & Dignity.
  • These form the ethical foundation of constitutional morality, ensuring all laws and actions align with democratic principles.
• Structural Principles: Rule of Law, Separation of Powers, Checks and Balances, & Democratic Principles.
  • These principles ensure a balance of power and prevent arbitrary rule.
• Operational Principles: Ethical Governance, & Constitutional Interpretation.
  • These operationalize constitutional morality, fostering transparency and accountability in governance.

Constitutional Provisions of Constitutional Morality

• Though the term constitutional morality is not explicitly used in the Indian Constitution, it is deeply embedded in several of its sections:
  • Preamble: It outlines the principles that underpin our democracy, including justice, liberty, equality, and fraternity.
  • Fundamental Rights: It safeguards individuals’ rights against the arbitrary use of state power. Notably, the Supreme Court allows for the enforcement of these rights under Article 32.
  • Directive Principles: They provide guidelines for the state to pursue the goals set by the constitution’s framers, drawing from Gandhian, socialist, and liberal intellectual philosophies.
  • Fundamental Duties: Alongside their rights, citizens also have responsibilities to the nation.
  • Checks and Balances: It includes judicial review of legislative and executive actions, legislative oversight of the executive, etc.
  • Others: The principles of Rule of Law, separation of powers, and the independence of the judiciary, all inherently uphold the essence of Constitutional Morality, safeguarding democracy and fostering good governance.
    • To Ensure Constitutional Morality: Article 77, provides that the President shall make rules for the more convenient transaction of the business of the Government of India, and for the allocation among Ministers of the said business.
    • The Indian Constitution upholds the principles of democracy, secularism, and social justice, and reflects the country’s commitment to upholding constitutional morality.
    • As per Article 74 of the Indian Constitution, there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.

Judicial Interpretation of Constitutional Morality

• Kesavananda Bharati v. State of Kerala (1973): In this landmark judgment, the Supreme Court of India laid down the ‘basic structure doctrine,’ which holds that the Parliament cannot amend the basic structure of the Constitution.
  • The court recognized Constitutional Morality as an essential component of the basic structure, protecting the fundamental values and principles enshrined in the Constitution.
• SP Gupta Case (First Judges Case, 1982): The Supreme Court labelled a constitutional breach as a severe violation of constitutional morality.
• Manoj Narula v. Union of India (2014): The Supreme Court stated that “Constitutional Morality means to bow down to the norms of the Constitution and not act in a manner which would become violative of the rule of law of action in an arbitrary manner.
  • The Court discussed Article 75 and criminal charges against ministers.
    • Held that constitutional morality means acting in accordance with constitutional norms and not arbitrarily.
    • Yet, the Court stopped short of enforcing disqualification, leaving it to the Prime Minister’s discretion, reflecting moral expectation, not legal compulsion.
• Krishnamoorthy Case (2015): The Supreme Court emphasised that constitutional morality is essential for good governance.
• Navtej Singh Johar & Ors. vs. Union of India Case (2018): The Supreme Court held that Section 377 infringed upon the rights of the LGBTQI community and violated the fundamental values of individual dignity as enshrined in Articles 14, 19, and 21 of the Constitution.
• Justice K S Puttaswamy and Anr. vs. Union of India and Ors. Case (2018): The Supreme Court confirmed the constitutional validity of Aadhaar with certain restrictions, underscoring the role of courts in checking executive abuse of power.
  • The Court reiterated its duty to uphold constitutional morality by nullifying any law or executive action that contravenes the constitution.
• Sabarimala Case (2018): Then CJI Dipak Misra held that “public morality” under Article 25 should align with constitutional morality.
  • Expanded the idea to gender equality and fundamental rights, but the issue was later referred to a nine-judge bench for reconsideration.
• State (NCT of Delhi) vs Union of India (2018): The Court held that constitutional morality goes beyond obeying the text — it involves cooperative federalism, liberal values, and respectful decision-making among constitutional organs.

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Significance of Constitutional Morality

• Balancing Law and Rights: Constitutional morality ensures a balance between the rule of law and the protection of individual rights, preventing legal rigidity from undermining fundamental freedoms. 
  • It anchors legal compliance in ethical standards that safeguard justice for all citizens.
• Foundation of Constitutional Integrity: It acts as the backbone of the Constitution, providing the ethical framework for interpreting laws and guiding constitutional practices. 
  • Constitutional morality sustains the Constitution’s core values, ensuring they guide governance decisions.
• Essential for Democratic Functioning: In a democracy, constitutional morality is critical for the effective functioning of democratic institutions. 
  • It ensures that power is exercised in a manner consistent with democratic ideals, upholding the rights and freedoms of citizens and preventing authoritarian excess.
• Moral Compass for Governance: It serves as a moral compass for both elected and non-elected authorities, guiding their decisions with respect to the Constitution’s spirit. 
  • This helps prevent misuse of power, ensuring that actions remain rooted in constitutional principles.
• Guarding Against Majoritarianism and Arbitrary Power: By reinforcing constitutional ethics, it prevents majoritarianism and arbitrary power, ensuring that rights are not subject to popular whims. 
  • It upholds the rule of law and acts as a countermeasure to the erosion of individual freedoms.
• Civic Responsibility and Collective Respect: A collective culture of constitutional respect must evolve, driven by education, civic awareness, and ethical leadership. 
  • Citizens and leaders alike must uphold the principles of constitutional morality, reinforcing its role in a functioning, just society.
• Federalism and Cooperative Governance: Constitutional morality ensures cooperative federalism, advocating mutual respect and consultation between the Union and States, as seen in State of NCT of Delhi v. Union of India (2018).
• Protection of Minority Rights: Constitutional morality protects minority rights against majoritarian sentiment, ensuring policies do not undermine secularism and equality, as seen in cases like Sabarimala and Navtej Johar.

Challenges for Constitutional Morality

• Judicial Overreach and Inconsistency: Excessive reliance on constitutional morality may lead to judicial encroachment into policy domains meant for elected representatives, disturbing the separation of powers. 
  • Inconsistent judicial interpretations create ambiguity in application, weakening its role as a uniform ethical standard.
• Majoritarianism vs. Constitutional Principles: Populist pressures often conflict with core constitutional values such as equality, secularism, and individual rights, compelling institutions to balance constitutional obligations against political backlash from the majority.
• Institutional and Political Weakness: Political interference and erosion of institutional independence—especially in bodies like the Election Commission, judiciary, and media—undermine accountability and weaken the enforcement of constitutional morality.
• Public Apathy and Lack of Awareness: Limited civic education and weak public engagement with constitutional ideals encourage emotional and sectarian discourse, hindering the development of a rational and participatory constitutional culture.
• Risk of Constitutional Dictatorship: Excessive centralisation of power or personal loyalty to political figures can distort constitutional balance, leading to a constitutional dictatorship that threatens democracy.
• Need for Cultivation: As Dr. B.R. Ambedkar emphasised, constitutional morality is not innate but must be cultivated through civic discipline, institutional integrity, and adherence to democratic values.
• Digital Age Challenges: Expanding state surveillance and data misuse necessitate the application of constitutional morality to protect privacy and digital rights, as reaffirmed in the Justice K.S. Puttaswamy (2017) judgment.
  • The Puttaswamy judgment underscores how constitutional morality must evolve to safeguard privacy in a rapidly changing digital landscape.

Way Forward

• Promote Constitutional Values: Governance and policymaking must align with the principles of justice, liberty, equality, and fraternity, ensuring that constitutional ideals guide every action of the state.
• Safeguard Fundamental Rights: Citizens’ fundamental rights must be protected from arbitrary actions, reinforcing the rule of law and maintaining judicial oversight as a democratic safeguard.
• Strengthen Democratic Processes and Civic Education: Democratic institutions must function with transparency, participation, and accountability, while civic education should foster respect for constitutional ethics among citizens.
• Enhance Political Accountability: Citizens should actively engage in governance and hold elected representatives accountable, ensuring that governance reflects constitutional morality rather than partisan interests.
• Ensure Institutional Independence and Cooperation: Preserving the autonomy of constitutional bodies and encouraging cooperation among the legislature, executive, and judiciary are essential for maintaining constitutional balance and checks on power.
• Judicial Restraint and Strengthening Conventions: The judiciary must exercise judicial restraint, while key constitutional conventions—such as Speaker impartiality and Governor neutrality—should be codified to promote ethical and predictable governance.
• Empower Media and Civil Society: A free and responsible media and an active civil society are vital for nurturing constitutional morality, exposing violations, and ensuring democratic accountability.

Conclusion

Constitutional morality anchors ethical governance within constitutional limits, upholding accountability, justice, and inclusiveness. It safeguards constitutional supremacy over political interests and embodies Dr. B.R. Ambedkar’s vision of the Constitution’s moral soul — firm in principles yet flexible for democratic reform.

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