‘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. (Mains 2021)
Constitutional morality in its strictest sense implies a strict and complete adherence to the constitutional principles as enshrined in the various segments of the document. It is required that all constitutional functionaries to “cultivate and develop a spirit of constitutionalism” where every action taken by them is governed by and is in strict conformity with the basic tenets of the Constitution. The concept of Constitutional Morality is present in the constitutional scheme, particularly in the Preamble, Part III (fundamental rights) and Part IV (Directive Principles of State policy).
In practice, constitutional morality is evident in various well-established rights that emanate from the Constitution, and include among others:
- Rule of law
- Individual liberty
- Right to equality
- Freedom of choice and expression
- Social justice
- Due process of law
- Procedure established by law
Society doesn’t remain static, the changes that occur lead to new scenarios, and thus, the law and the constitutional setup have to keep up with the same. This aspect can be clearly understood through judicial pronouncements like Navtej Johar & Ors v. Union of India, where the Supreme Court provided for an elaborate mechanism to affirm the rights of people who do not conform with a particular gender, thus ensuring their life, liberty, dignity and identity.
Constitutional Morality as per various Supreme Court Judgements
- Government of NCT of Delhi Vs. Union of India – All high functionaries need to follow constitutional morality and protect the constitutional values spelt out by the Constitution. Constitutional Morality acts as check on arbitrary use of power by high functionaries.
- Navtej Singh Johar & Ors. Vs. Union of India – Supreme Court opined that Section 377 violates the right of members of the LQBTQI community on the bedrock of the principles enunciated in Articles 14, 19 and 21 of the Constitution [dignity of individuals]
- Naz Foundation case, the Supreme Court opined that only Constitutional Morality and not Public Morality should prevail
- Justice K.S. Puttaswamy & Anr. Vs. Union of India & Ors. – SC upheld the constitutional validity of Aadhaar subject to certain limitations. Constitutional Morality ensures courts must neutralize the excesses of power by the executive and strike down any legislation or even executive action if it is unconstitutional.
- Indian Young Lawyer’s Association v. State of Kerala [Sabrimala Case]– SC opined that constitutional morality which includes values like justice, liberty, equality and fraternity ought to be preferred over customary values, traditions and beliefs. It allowed the entry of women into sabrimala temple irrespective of their ages. [fighting perception, stereotype and prejudices]
Constitutional morality is crucial for constitutional laws to be effective. Without constitutional morality, the operation of the constitution tends to become arbitrary, erratic and capricious.
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