Answer

Constitutional morality refers to the adherence to the core principles and values enshrined in the Constitution such as justice, liberty, equality, fraternity, and rule of law. It transcends mere literal interpretation of legal provisions and calls for governance in spirit of the Constitution.

How Constitutional Morality is Rooted in the Indian Constitution

• Supremacy of the Constitution (Article 13, 32 and 226): Ensures laws conform to constitutional principles, empowering courts to safeguard rights.
• Rule of Law (Article 14 and 141): Guarantees equality before law and judicial oversight to prevent arbitrariness.
• Protection of Individual Liberties (Article 19 and 21): Upholds freedoms like speech and personal liberty against state overreach.
• Social Justice and Dignity (Articles 15, 16, 17, 39A): Prohibits discrimination, untouchability, and gender-based exclusion, reinforcing equal justice and affirmative action.
• Democratic Governance (Article 51A, 75 and 164): Mandates government accountability and citizen responsibilities.
• Secularism and Pluralism (Preamble, Article 25-30): Ensures religious freedom, minority rights, and prevents majoritarian dominance.
• DPSP (Part IV-Articles 38, 39, 41): Promote social justice, economic equality, and welfare, ensuring governance aligns with constitutional ethics.
• Separation of Powers (Articles 50, 121, 211) – Ensures checks and balances among the Legislature, Executive, and Judiciary to prevent the concentration of power.
• Democratic Institutions (Article 324): Free and fair elections, judicial independence, and parliamentary accountability reflect constitutional morality in practice.

Judicial Interpretations of Constitutional Morality

• Kesavananda Bharati (1973): Defined the Basic Structure Doctrine, preventing amendments that alter fundamental principles.
• S.R. Bommai (1994): Reaffirmed secularism as a constitutional mandate.
• Navtej Singh Johar (2018): Struck down Section 377 IPC, upholding LGBTQ+ rights over societal morality.
• Shayara Bano (2017): Declared Triple Talaq unconstitutional, ensuring gender justice.
• Sabarimala Case (2018): Allowed women’s entry, ruling customs must respect gender equality.
• Justice K.S. Puttaswamy v. Union of India case (2018): Established privacy as a fundamental right, protecting individual autonomy.
• Joseph Shine v. Union of India (2018): Struck down Section 497 (Adultery) of IPC, declaring it unconstitutional.

Constitutional Morality counters majoritarianism, ensuring progressive, rights-centric governance. The Supreme Court has time and again upheld Constitutional morality over Social morality. Its effectiveness, however, relies on institutional integrity and public awareness.

DOWNLOAD PDF