Constitutional Morality

• Context (IE): The recent arrest of a serving Chief Minister has brought the question of constitutional morality, highlighting the importance of moral behaviour that political institutions should uphold.

What is Constitutional Morality?

• Constitutional morality is a concept that emphasises adherence to the principles and values enshrined in a constitution within a democratic system.
• It goes beyond strict legal interpretation, encompassing values like social justice and equality.
• Constitutional morality balances freedom and restraint, requiring citizens to submit to constitutional authorities while retaining the freedom to criticise those in power.
• It encourages the evolution of law in response to changing societal norms and values.
• Courts use it to adapt legal principles to reflect contemporary understandings of justice, equality, etc.

Ambedkar’s perspective defines constitutional morality as the norms and procedures guiding decision-making in cases where the Constitution is silent or grants discretionary power.

Constitutional Morality in the Indian Constitution

• The term “constitutional morality” is not explicitly mentioned in the Indian Constitution, but it is implicitly observed in several sections and various Supreme Court judgements.

In Constitution

• Preamble: It outlines democratic principles like justice, liberty, and equality.
• Fundamental Rights: It safeguards individual rights against arbitrary state power (Article 32).
• Directive Principles: Provides guidelines for the state to pursue social and economic goals.
• Fundamental Duties: These are the responsibilities of citizens towards the nation.
• Checks and Balances: To prevent concentration of power.

• Concepts of Discretionary Power and Non-discrimination are closely linked to constitutional morality.

Supreme Court’s Interpretation

• 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.
• Krishnamoorthy case, 2015: It is essential for Good Governance
• Union of India vs. Government of NCT of Delhi: High-ranking officials must adhere to constitutional values to prevent misuse of authority.
• Government of NCT of Delhi case, 2018: The Court likened constitutional morality to a “second basic structure doctrine,” emphasising its role in curbing arbitrary authority.

• 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.
• Justice K S Puttaswamy case (2018): Aadhaar’s validity was upheld with restrictions, highlighting the court’s role in checking executive overreach.
• Joseph Shine v. Union of India, 2018: The judgment emphasised that constitutional morality should guide the law, prioritising equality, non-discrimination, and dignity.