What is meant by the term 'constitutional morality'? How does one uphold constitutional morality?

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Ghissu Editorial · Accepted Answer

Constitutional morality is adherence to the Constitution's core values of justice, liberty, equality, fraternity and dignity rather than its bare text, upheld by citizens, civil servants, legislators and institutions. In Navtej Singh Johar (2018) it prevailed over majority sentiment on Section 377.

**Introduction**

In the Constituent Assembly in November 1948, B.R. Ambedkar quoted George Grote to warn that constitutional morality "is not a natural sentiment. It has to be cultivated."

**Meaning of Constitutional Morality**

1. **Spirit over letter**: It is adherence to the core values of the Constitution, namely justice, liberty, equality, fraternity and dignity, not merely to its text.
2. **Respect for limits**: Manoj Narula v Union of India (2014) read it as bowing to constitutional norms instead of acting arbitrarily.
3. **A check on popular morality**: Navtej Singh Johar (2018) held that constitutional morality, not majority sentiment, decided the fate of Section 377.

SKETCH: comparison | Social vs Constitutional Morality
a: Social morality
b: Constitutional morality
- Majority sentiment :: Preamble values
- Custom and tradition :: Rights and dignity
- Changes with mood :: Stable anchor

4. **Its breach**: The Emergency of 1975-77 followed the letter of Article 352, and ADM Jabalpur (1976) denied even habeas corpus, betraying the Constitution's spirit.

**How One Upholds Constitutional Morality**

1. **As a citizen**: By practising the Fundamental Duties of Article 51A, such as promoting harmony and respecting the dignity of women.
2. **As a civil servant**: By staying neutral and refusing unlawful orders, as T.N. Seshan did when enforcing the Model Code of Conduct on every party alike.
3. **As a legislator**: By respecting federal balance, which S.R. Bommai (1994) protected against misuse of Article 356.
4. **As an institution**: Courts guard the basic structure of Kesavananda Bharati (1973), and the CAG and Election Commission act without fear or favour.

**Conclusion**

Law can compel obedience to the text, but only cultivated character secures its spirit. When citizens and officials make Preamble values a habit, the Constitution becomes a way of governing.

What is meant by the term 'constitutional morality'? How does one uphold constitutional morality?

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