UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 10 marks · 150w 9 min Medium

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.

Subtopic: Polity and Governance

Model answer outline

How to structure your answer

Introduction → Kesavananda Bharati v. State of Kerala (1973) → Navtej Singh Johar v. Union of India (2018) → In Re → Sukanya Shantha v. Union of India (2024) → Conclusion
Full model answer

Detailed model answer

284 words · target 150 words · 9 min

Constitutional morality is the obligation — on state and citizen alike — to exercise public power in conformity with constitutional values rather than popular prejudice, social custom, or majoritarian sentiment. It is not merely obeying the letter of constitutional provisions; it is internalising their spirit.

Ambedkar warned that "constitutional morality is not a natural sentiment — it has to be cultivated.

Constitutional Morality is rooted in the constitution itself:

  • Preamble — Justice, Liberty, Equality, Fraternity as the constitutional value framework within which all power must operate
  • Art. 13 — laws inconsistent with FRs are void; constitutionalism limits legislative power
  • Art. 14 — equality and non-arbitrariness as a standing obligation on all state action
  • Art. 21 — procedure must be just, fair, and reasonable (Maneka Gandhi (1978))
  • Art. 32 — right to constitutional remedies; the constitution must be practically enforceable
  • Art. 51A — Fundamental Duties including to develop scientific temper and renounce practices derogatory to dignity CJI Misra held in Navtej Singh Johar (2018): "The Constitution is not merely a legal document; it is equally a moral document".

Relevant judicial decisions based in Constitutional Morality

  • Kesavananda Bharati v. State of Kerala (1973): even the amendment procedure must conform to the Constitution's essential values.
  • Navtej Singh Johar v. Union of India (2018): Constitutional morality must prevail over social morality. LGBTQ dignity got protected.
  • In Re: Bulldozer Justice (SC suo motu, 2024): SC held CM dictates: "The executive cannot be judge, jury and executioner."
  • Sukanya Shantha v. Union of India (2024):"Constitutionally, we are committed to the annihilation of caste." State prison manuals assigned sweeping and cleaning to marginalised castes.

A Viksit Bharat by 2047 requires not just economic growth but what Ambedkar called "social democracy" — fraternity, dignity, and equality as daily lived experience. Constitutional morality is the bridge between the constitutional text and that social reality.

Key points

What an examiner expects to see

  • Preamble — Justice, Liberty, Equality, Fraternity as the constitutional value framework within which all power must operate
  • Kesavananda Bharati v. State of Kerala (1973): even the amendment procedure must conform to the Constitution's essential values
  • Navtej Singh Johar v. Union of India (2018): Constitutional morality must prevail over social morality
  • In Re: Bulldozer Justice (SC suo motu, 2024): SC held CM dictates: "The executive cannot be judge, jury and executioner."
  • Sukanya Shantha v. Union of India (2024): "Constitutionally, we are committed to the annihilation of caste." State prison manuals assigned sweeping and
Keywords / terms

Terminology to weave into the answer

CJILGBTQConstitutional MoralityManeka GandhiFundamental DutiesNavtej Singh Johar

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