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
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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.
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