Constitutional Morality: Meaning, Features, and Landmark Judgments

What is Constitutional Morality?

• Constitutional morality refers to the adherence to the principles, values, and spirit of the Constitution rather than just its literal interpretation.
• It fosters a civic culture of respect for constitutional institutions, public reason, and ethical governance.
• This principle ensures that governance aligns with justice, liberty, equality, and fraternity, as enshrined in the Preamble of the Indian Constitution.

Key Features of Constitutional Morality

• Supremacy of the Constitution – All laws and government actions must conform to constitutional principles.
• Rule of Law – Every individual is subject to the law, ensuring justice and fairness.
• Protection of Fundamental Rights – The government must uphold the rights enshrined in Part III of the Constitution.
• Judicial Review – Courts ensure that laws and policies comply with constitutional values.
• Democratic and Ethical Governance – Elected representatives must uphold democratic norms rather than majoritarian views.
• Social Justice – Ensures dignity and rights for marginalized communities.

Landmark Supreme Court Judgments on Constitutional Morality

Kesavananda Bharati v. State of Kerala (1973) – Basic Structure Doctrine

• The Supreme Court ruled that Parliament cannot alter the Constitution’s basic structure, including democracy and fundamental rights.
• Reinforced constitutional supremacy over majoritarianism.

Naz Foundation v. Govt. of NCT Delhi (2009) & Navtej Singh Johar v. Union of India (2018) – Decriminalization of Section 377

• The Delhi High Court (2009) ruled that criminalizing homosexuality violates constitutional morality and equality.
• The Supreme Court (2018) decriminalized homosexuality, stating that majoritarian views cannot override constitutional rights.

K.S. Puttaswamy v. Union of India (2017) – Right to Privacy

• Recognized privacy as a fundamental right under Article 21 (Right to Life and Personal Liberty).
• Ruled that the state cannot violate privacy under the guise of public morality.

Sabarimala Temple Entry Case (Indian Young Lawyers Association v. State of Kerala, 2018)

• Declared the ban on women aged 10-50 from entering Sabarimala temple as unconstitutional.
• Upheld constitutional morality over religious customs, reinforcing gender equality.

Significance of Constitutional Morality in India

• Protects Individual Rights – Ensures fundamental rights prevail over popular opinion.
• Prevents Majoritarianism – Guards democracy against majority tyranny.
• Guides Judicial Interpretation – Courts interpret laws progressively.
• Strengthens Democratic Values – Upholds equality, secularism, and justice.
• Ensures Government Accountability – Prevents arbitrary state actions.

Criticism of Constitutional Morality

• Judicial Overreach – Courts may override legislative decisions.
• Lack of Clear Definition – Critics argue it relies on subjective judicial interpretation.
• Conflict with Religious and Social Customs – Some rulings challenge traditional beliefs (e.g., Sabarimala case).
• Challenge to Parliamentary Sovereignty – May impose restrictions on the legislative process.

Constitutional morality plays a pivotal role in shaping India's democratic fabric. It ensures that governance remains aligned with constitutional principles, protecting individual freedoms and preventing majoritarian dominance. While it strengthens democracy, concerns over judicial overreach and conflicts with tradition remain key debates.