Constitutional Morality is rooted in the Constitution itself and is founded on its essential facets.…

Question

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.

Ghissu Editorial · Accepted Answer

Constitutional morality is fidelity to the Constitution's core values of justice, liberty, equality and fraternity, which courts use to restrain power and protect individuals against majoritarian sentiment. In Navtej Singh Johar (2018) the Supreme Court held it must prevail over social morality.

**Introduction**

In Navtej Singh Johar (2018) the Supreme Court held that constitutional morality must prevail over social morality. Ambedkar warned in 1948 that it "is not a natural sentiment. It has to be cultivated."

**The Doctrine and Its Essential Facets**

SKETCH: comparison | Two Moralities
a: Social morality
b: Constitutional morality
- Popular sentiment :: Constitutional text
- Shifts with majority :: Fixed core values
- Guards group norms :: Guards individual dignity
- Upholds Section 377 :: Reads down Section 377

1. **Rooted in the text**: Its content comes from the Preamble's justice, liberty, equality and fraternity and from Fundamental Rights, not from a judge's personal ethics.
2. **Spirit over letter**: Following Grote, it asks office-holders to honour constitutional forms and conventions even where the text is silent.
3. **Institutional restraint**: It binds every organ to the separation of powers and the rule of law.
4. **Transformative purpose**: It treats the Constitution as a charter to change unjust social hierarchies.

**Judicial Decisions That Shaped It**

1. **Manoj Narula (2014)**: The Court said constitutional morality requires the Prime Minister to avoid appointing ministers facing charges of heinous crimes.
2. **NCT of Delhi (2018)**: It treated the doctrine as a check on high functionaries and citizens alike, binding the Lieutenant Governor to act in harmony with constitutional norms.
3. **Navtej and Joseph Shine (2018)**: Section 377 was read down and adultery decriminalised, placing dignity above social disapproval.
4. **Sabarimala (2018)**: The majority ended the exclusion of women, while Justice Indu Malhotra's dissent urged respect for religious freedom.

**Conclusion**

Constitutional morality is the Constitution's conscience, keeping power faithful to its values and protecting the individual against the crowd. Applied with restraint, it keeps Indian democracy liberal in spirit, not merely in form.

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.

Model answer

Practise this question

Historical Underpinnings, Evolution & Features2 questions

Ghissu