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.
How to approach: Break the explanation into logical causal factors, illustrate with a diagram/flowchart or map where relevant, and link to contemporary relevance.
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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 SabarimalaBody
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:
| Case | Significance 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.
Question Specifications, Marking Rubric & Syllabus Mapping
| Examination & Year | UPSC Civil Services Mains Examination 2021 (Question 1) |
|---|---|
| Paper & Syllabus Topic | General Studies Paper II — Polity, Governance, Social Justice & IR → Indian Constitution & Polity |
| Marks, Word Limit & Ideal Time | 10 Marks • 150 Words • Ideal Writing Time: 7–8 Minutes |
| Directive Word & Core Demand | Explain: Clarify the underlying causes, mechanisms, and significance of the phenomenon in plain, structured terms. |
| Recommended Structure Split | Intro: ~20–25 Words • Body: ~100 Words (3–4 dimensions) • Conclusion: ~20–25 Words |
| AI Practice & Evaluation Tools | Upload Handwritten Answer for 3-Min Vision AI Evaluation | Generate Custom Answer & Mind Map |
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This 2021 GS Paper II question carries 10 marks with a 150-word limit and uses the "Explain" directive. Break the explanation into logical causal factors, illustrate with a diagram/flowchart or map where relevant, and link to contemporary relevance. Follow the ideal word split (Intro: ~20–25 Words • Body: ~100 Words (3–4 dimensions) • Conclusion: ~20–25 Words) and aim to finish within 7–8 Minutes.
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This question is part of General Studies Paper II — Polity, Governance, Social Justice & IR under the syllabus module "Indian Constitution & Polity". You can explore all repeated questions from Polity & Constitution in Acme AI's 3D PYQ Realm or filter all Polity & Constitution PYQs on the Mains PYQ Directory.
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