‘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 2021, 10 Marks, )

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Constitutional Morality refers to the ethical and moral principles that are inherent in the Constitution itself, and it is based on the fundamental values and ideals enshrined within the constitutional framework. It emphasizes the commitment to uphold these principles while interpreting and implementing the Constitution.

Doctrine of Constitutional Morality: Explained through Relevant Judicial Decisions

1. Preamble as the Guiding Light

The Preamble encapsulates the core values and aspirations of the Constitution.

Preamble reflects Constitutional Morality by highlighting justice, liberty, equality, and fraternity.

Kesavananda Bharati v. State of Kerala (1973) upheld the significance of the Preamble as a key to understanding the Constitution's objectives.

2. Supremacy of the Constitution

In India, the Constitution is the supreme law of the land.

Upholding Constitutional Morality involves prioritizing the Constitution over conflicting interests.

Minerva Mills v. Union of India (1980) stressed the importance of the Constitution as the ultimate authority.

3. Protection of Fundamental Rights

Fundamental Rights are the cornerstone of Constitutional Morality.

Constitutional Morality ensures the safeguarding of individual liberties against state actions.

Maneka Gandhi v. Union of India (1978) expanded the scope of Article 21, emphasizing due process and fair procedure.

4. Equal Treatment and Non-Discrimination

The principle of equality underpins Constitutional Morality.

Constitutional Morality requires treating all individuals impartially, regardless of caste, creed, or religion.

State of Kerala v. N.M. Thomas (1976) upheld the secular nature of the Indian Constitution.

5. Directive Principles of State Policy (DPSP)

DPSPs guide the state in creating a just and equitable society.

Constitutional Morality involves striving for socio-economic welfare while respecting individual rights.

Minerva Mills v. Union of India (1980) emphasized the harmonious relationship between Fundamental Rights and DPSPs.

6. Judicial Review and Check on Executive Power

Judicial review ensures that the government acts within constitutional bounds.

Constitutional Morality necessitates that governmental actions adhere to constitutional limits.

Kesavananda Bharati v. State of Kerala (1973) established the principle that the basic structure of the Constitution cannot be altered.

7. Freedom of Expression and Dissent

Constitutional Morality encompasses the right to freely express opinions.

Upholding Constitutional Morality means protecting the space for dissenting viewpoints.

Romesh Thappar v. State of Madras (1950) upheld the significance of freedom of expression.

8. Inclusivity and Social Justice

Constitutional Morality promotes inclusivity and social harmony.

Upholding Constitutional Morality involves addressing historical inequalities.

Indra Sawhney v. Union of India (1992) emphasized reservations for historically disadvantaged groups.

9. Evolving with Societal Changes

Constitutional Morality adapts to changing social dynamics.

It requires interpreting the Constitution in light of contemporary values.

Navtej Singh Johar v. Union of India (2018) decriminalized homosexuality, reflecting evolving moral standards.

10. Democratic Values and Participation

Constitutional Morality underscores democratic principles.

Upholding Constitutional Morality entails promoting democratic processes and civic engagement.

Election Commission of India v. Association of Democratic Reforms (2002) highlighted the importance of transparency in elections.

11. Rule of Law:

Subordination to the law and equal treatment under it.

Preventing arbitrary exercise of power.

Example: ADM Jabalpur v. Shivkant Shukla (1976) highlighted the importance of upholding the rule of law even during emergencies.

The doctrine of Constitutional Morality is deeply ingrained in the Indian Constitution and reflects its essential principles. Judicial decisions have consistently highlighted the importance of upholding this doctrine to ensure that the Constitution's values and aspirations are realized in practice. Through a combination of fundamental rights protection, equal treatment, democratic values, and adaptability to societal changes, Constitutional Morality serves as the moral compass guiding the interpretation and implementation of the Constitution.