The Supreme Court’s rulings from Manoj Narula and State (NCT of Delhi) v. Union of India to the Sabarimala and Puttaswamy have revitalized the concept of constitutional morality as a cornerstone of democratic governance.
About Constitutional Morality
Constitutional morality is a concept that emphasises adherence to the principles and values enshrined in a constitution within a democratic system. It balances freedom and restraint, requiring citizens to submit to constitutional authorities while retaining the freedom to criticise those in power.
The idea was first described by the historian George Grote in 1846. He defined it as a “paramount reverence for the forms of the constitution,” which involves:
Respect for political institutions and procedures.
The freedom to criticise those in power.
Self-restraint by all citizens and authorities to ensure the system functions smoothly.
It acts as a balancing force, ensuring that individual freedoms and governmental powers operate within the ethical boundaries set by the Constitution.
Constitutional Morality in the Indian Context
Indian Constitution on Constitutional Morality
The term “constitutional morality” is not explicitly mentioned in the Indian Constitution. However, the spirit is reflected in:
Preamble: Outlines the core democratic values of Justice, Liberty, Equality, and Fraternity.
Fundamental Rights (Part III): Protects individual liberties against state overreach (e.g., Article 32, the right to constitutional remedies).
Directive Principles of State Policy (Part IV): Provides a moral and ethical roadmap for the government to create a just society.
Fundamental Duties (Part IV-A): Reminds citizens of their responsibilities towards the nation.
Checks and Balances: The separation of powers between the judiciary, executive, and legislature is designed to prevent the abuse of authority.
The term ‘Morality’ is mentioned in the Indian Constitution in four Articles:
Article 19 (2) (Reasonable restrictions on freedom of speech)
Article 19 (4) (Reasonable restrictions on freedom to form associations or unions)
Article 25 (1) (Freedom of conscience and right to profess, practice and propagate religion)
During the Constituent Assembly debates, Dr Ambedkar emphasised that a constitution is only as good as the people who uphold it. According to him, constitutional morality meant:
A deep respect for the structure of the Constitution.
Adherence to authority.
The practice of free speech within legal boundaries.
The confidence that the Constitution is upheld by all, irrespective of political differences.
SC Judgements on Constitutional Morality
Rathinam v. Union of India (1994): Recognised that law embodies moral principles reflecting fairness.
Naz Foundation v Government of NCT (2009): This case distinguished public morality from constitutional morality, asserting that constitutional values should take precedence over popular morality.
Manoj Narula v. Union of India (2014): Defined constitutional morality as “bowing down to constitutional norms” and ensuring governance free from arbitrariness.
S. Puttaswamy v. Union of India (2017): Linked constitutional morality to the rule of law and individual dignity, holding that State actions violating constitutional principles are impermissible.
Navtej Singh Johar case (2018): Right to privacy and dignity for LGBTQI+ community. Highlighted its role in fostering a pluralistic and inclusive society while upholding constitutional values.
Sabarimala Case (2018): SC held that “public morality” under Article 25 must yield to constitutional morality and expanded constitutional morality to protect women’s right to equality in religious spaces.
NCT of Delhi v. Union of India (2018): SC held that constitutional morality goes beyond adherence to text, it promotes cooperative federalism, respect for institutions, and deliberative governance.
Significance of Constitutional Morality
Upholds the Rule of Law: It ensures that no one is above the constitution.
Strengthens Democracy: It promotes democratic ideals and prevents the concentration of power.
Adapts to Social Change: It strives to keep up with society’s changing times, ideals, and objectives. E.g. abolition of sati.
Promotes Inclusivity: It protects the rights of minorities and marginalised communities against majoritarian views.
Checks Government Power:Like the basic structure test, it ensures that government actions do not violate the spirit, soul or conscience of the Constitution.
Fosters Civic Duty: It encourages citizens to be responsible and active participants in the democratic process.
Criticism of Constitutional Morality
Judicial Ambiguity: Courts apply the doctrine inconsistently. E.g., Sabarimala invoked it expansively, while Triple Talaq (2017) avoided it despite similar moral-legal overlap.
Majoritarian Morality:Public morality often overrides constitutional ethics, evident in debates over same-sex marriage. E.g., Pew Survey (2021): 64% of Indians prefer laws based on “community customs,”.
Weak Civic Constitutionalism:Less than 10% of citizens have read the Preamble or know their fundamental duties (CSDS survey 2022).
Political Immorality:Over 40% of sitting MPs face criminal charges (ADR 2024), undermining the moral expectations of governance.
Overreach vs. Restraint Dilemma: Risk of overreach when courts use morality to fill legislative gaps.
Constitutional Morality vs Social Morality
In the Naz Foundation vs. Government of NCT of Delhi & Ors. and Navtej Singh Johar vs. Union of India, the SC ruled that constitutional morality prevailed over social morality.
Social Morality is a set of values and norms that exist in society. These are the rules that govern how society’s members should behave with each other for their welfare and well-being. It varies from culture to culture depending on various beliefs, practices, traditions, or customs prevalent in society. It provides an ethical framework for evaluating people’s actions.
Legislative Ethics Reform: Institutionalise integrity and transparency among legislators through enforceable conduct norms. E.g., The UK’s Nolan Principles of Public Life (1995).
Institutional Accountability: Introduce “Constitutional Conduct Audits” to ensure ministries act within constitutional norms. E.g., OECD’s Integrity Reviews evaluating ethical governance.
Media & Civic Campaigns: Launch “Know Your Constitution” campaigns by ECI through accessible, multilingual awareness drives. E.g., UNESCO’s Global Citizenship Education model.
Inclusive Governance: Design policies ensuring equality, representation, and non-discrimination in State actions. E.g., India’s Mission Shakti for women’s institutional empowerment.
In Ambedkar’s vision, “Constitutional Morality is the bridge between constitutional form and constitutional spirit.” Its practice by citizens, legislators, and institutions alike will determine whether India’s democracy remains merely procedural or truly principled, inclusive, and humane.
[UPSC 2021 10M] ‘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 2019 10M]What is meant by the term ‘constitutional morality’? How does one uphold constitutional morality?
PMF IAS Pathfinder for Mains – Question 394
Q. Do you think the increasing judicial reliance on the doctrine of Constitutional Morality strengthens the spirit of constitutional governance, or does it risk judicial overreach? Critically analyse. (250 Words) (15 Marks)
Introduction: Write a brief definition of Constitutional morality, rooted in Ambedkar’s vision.
Body: Write how the doctrine of Constitutional Morality strengthens the spirit of constitutional governance, and also mention how it risks judicial overreach and suggest a way forward.
Conclusion: Emphasis on a balanced approach to preserve constitutional ideals & democratic balance.
