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Q.‘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 Mains 2021•Polity

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Introduction

Constitutional Morality refers to the commitment to uphold the core values, principles, and philosophy enshrined in the Constitution. It ensures that the spirit of constitutionalism triumphs over majoritarianism, arbitrary executive actions, and deep-seated social prejudices.

timeline
    title Key Judicial Decisions Shaping Constitutional Morality in India
    1973 : Kesavananda Bharati v. State of Kerala <br>Introduces Basic Structure Doctrine
    2017 : Shayara Bano v. Union of India <br>Declares instant triple talaq unconstitutional
    2018 : Navtej Singh Johar v. Union of India <br>Decriminalizes homosexuality
    2018 : Government of NCT of Delhi v. Union of India <br>Clarifies Delhi's governance powers
    2018 : Indian Young Lawyers Association v. State of Kerala <br>Allows women's entry into Sabarimala

Body

Essential Facets of Constitutional Morality:

  • Rule of Law and Limited Government: Ensures government actions conform to constitutional limits. Example: In Kesavananda Bharati (1973), the SC established the Basic Structure Doctrine to limit parliamentary amending powers.
  • Protection of Individual Rights: Upholding fundamental rights over popular morality. Example: In Navtej Singh Johar (2018), the SC struck down Section 377 of the IPC, recognizing LGBTQ+ rights.
  • Social Justice and Equality: Eradicating discriminatory social hierarchies. Example: In the Sabarimala case (Indian Young Lawyers Association, 2018), the SC struck down the ban on women's entry into the temple.
  • Institutional Integrity: Ensuring constitutional bodies function without political interference. Example: In S.R. Bommai (1994), the SC held secularism as a part of constitutional morality, curbing the arbitrary dismissal of state governments.
  • Protection of Dissent: Safeguarding free speech against majoritarian backlash. Example: In Shreya Singhal (2015), the SC struck down Section 66A of the IT Act to protect online free speech.

Judicial Interpretations Table:

CaseSignificance in Constitutional Morality
Kesavananda Bharati v. State of Kerala (1973)Established the Basic Structure Doctrine, ensuring constitutional supremacy over legislative actions.
Navtej Singh Johar v. Union of India (2018)Recognized LGBTQ+ rights, reinforcing individual dignity and equality.
Indian Young Lawyers Association v. State of Kerala (2018)Affirmed gender equality, striking down religious discrimination against women.
SR Bommai v. Union of India (1994)Upheld secularism and federalism, restricting misuse of Article 356.
Shreya Singhal v. Union of India (2015)Strengthened free speech by striking down Section 66A of the IT Act.

Conclusion

Constitutional Morality acts as a guiding light for the judiciary and executive, ensuring that governance remains aligned with the democratic, pluralistic, and egalitarian values of the Indian Constitution.

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