‘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. UPSC 2021, 10 Marks

Q1. संवैधानिक नैतिकताकी जड़ संविधान में ही निहित है और इसके तात्विक फलकों पर आधारित है। ‘संवैधानिक नैतिकताके सिद्धांत की प्रासंगिक न्यायिक निर्णयों की सहायता से विबेचना कीजिए। (उत्तर 150 शब्दों में दीजिए)
Q1. ‘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. (Answer in 150 words) 10

Answer: A rigid separation between morality and law is highly improbable.  The Supreme Court of India has passed historical judgments such as  Judgment on Right to Privacy, Decriminalization of consensual relationship under section 377 and section 497 of IPC, Triple Talaq, Sabarimala temple case on the basis of Constitutional Morality. Constitutional Morality means adherence to or being faithful to bottom line principles of constitutional values.  According to Dr. Ambedkar, Constitutional morality is the effective coordination between conflicting interests of different people and the administrative cooperation to resolve them amicably without any confrontation amongst the various groups working for the realization of their ends at any cost. It specifies norms for institutions to survive and an expectation that will meet the text and the soul of the Constitution. It also makes the governing institutions and representatives accountable. Constitutional Morality  is written in the Constitution itself i.e., in the section of Fundamental Rights of Article 12 to 35, Directive Principle of State Policy (Article 36 to 51), Preamble and Fundamental duties.

Supreme Court’s Judgements and Constitutional Morality

  1. In Supreme Court’s Sabarimala verdict  where religious freedom, gender equality and the right of women to worship guaranteed under Article 14, 21 and 25 of the Constitution was restored which struck down the practice of banning entry of women of  certain age group to the Sabarimala temple in Kerala as unconstitutional. Constitutional morality here went against social morality that discriminates against women based on biological reasons like menstruation.
  2. In Kesavananda Bharati Case, the Supreme Court restricted the power of the Parliament to violate the Basic Structure of the Constitution.
  3. In the Naz Foundation case, the Supreme Court opined that only Constitutional Morality and not Public Morality should prevail.
  4. In Lt Governor of Delhi case, SC proclaimed constitutional morality as a governing ideas that “highlight the need to preserve the trust of people in the institution of democracy. In Sabarimala case, the Supreme Court avoid the “doctrine of essentiality” to uphold the Constitutional morality

Significance

  • It ensures the establishment of rule of law in the land .
  • Constitutional morality highlights the need to preserve the trust of the people in institutions of democracy.
  • Constitutional morality acknowledge the plurality and diversity in society and tries to make individuals and communities in the society more inclusive in their functioning by constantly providing the scope for improvement and reforms.

Leave a Reply