Doctrine of Constitutional Morality means to adherence to or commitment to fundamental constitutional values. It entails submitting to the norms of the Constitution and refraining from acting in a way that would be in violation of the rule of law or reflectible of arbitrary action. Doctrine of Constitutional Morality appears throughout the constitution, most notably in the Preamble, Part III (fundamental rights), and Part IV (Directive Principles of State policy). This article explains the Doctrine of Constitutional Morality which is important for UPSC Indian Polity Preparation.

What does the concept of Constitutional Morality entail?

• Constitutional Morality implies that the democratic government should restore core democratic values such as Liberty, Equality, Justice, and Fraternity and that the government should follow the Rule of Law in governance and transform the ideals of the preamble in the establishment of a more vibrant social, economic, and political system based on democratic values.
• Constitutional morality has long been regarded as the highest form of reverence for the constitution.
• Constitutional morality provides a principled framework for carrying out the work of governance.
• It specifies the norms that institutions must follow in order to survive, as well as the behavior that is expected to meet not only the text but also the soul of the Constitution.
• It also holds the governing institutions and their representatives accountable.

Various Dimensions of Constitutional Morality

Constitutionalism

• Instilling democratic values in the Constitution as the foundation of government and governance.
• Citizens should have access to liberty, equality, and justice.
• The government is constrained by the rule of law and the separation of powers, as well as by the election of a specific term of government (formation of government through democratic process).

Rule of Law

• Equality before the law essentially means that all people should be treated equally, regardless of whether they are poor or rich, male or female, upper or lower caste.
• This state cannot bestow any special benefits on anyone in the country. It is also referred to as legal equality.
• The State is governed by the rule of law (the supreme law of the Constitution), not by a person's will.
• In the eyes of the law, everyone is equal, and no one is privileged.

Basic Structure of the Constitution

The basic structure of the Constitution is the supreme law, which policymakers should keep in mind.

Preamble of the Constitution of India

The Preamble to the Indian Constitution serves as the guiding principle for policymakers as they work to establish India as a democratic and welfare state.

Constitutional Morality and the State

All three branches of government, as well as those holding constitutional positions, members of civil society, and citizens, must adhere to 'constitutional morality.'

Indian Judiciary and Constitutional Morality

• The Sabarimala judgement of the Supreme Court when the apex court lifted age restrictions on women's entry into the forest shrine by a 4-1 majority verdict.
• The decision was lauded for establishing constitutional morality as superior to customary laws, rituals, and traditions.
• Individual rights should not be affected by popular beliefs, according to constitutional morality.

Important Supreme Court Judgements

Sabarimala Case

• Religious freedom, gender equality, and the right of women to worship were reestablished in the Supreme Court's Sabarimala decision, which declared the practice of barring women of a specific age from entering the Sabarimala temple in Kerala as unconstitutional.
• The Supreme Court overruled the "doctrine of essentiality" in the Sabarimala case to safeguard constitutional morality.

Kesavananda Bharati case

The Supreme Court limited Parliament's ability to violate the Constitution's Basic Structure in the Kesavananda Bharati case.

Naz Foundation case

The Supreme Court ruled in the Naz Foundation case that only Constitutional Morality, not Public Morality, should prevail.

Lt Governor of Delhi case

The Supreme Court declared constitutional morality as a controlling notion that "highlights the need to sustain people's trust in the institution of democracy" in the case of the Lt Governor of Delhi.

Navtej Singh Johar v. Union of India

In Navtej Singh Johar v. Union of India, the Supreme Court established a framework to reaffirm the dignity, life, liberty, and identity of LGBTQ and all gender non-conforming people.

Doctrine of Constitutional Morality - Significance

• Constitutional morality ensures the establishment of the rule of law in the land while incorporating society's changing aspirations and ideals.
• Constitutional morality is a governing ideal that emphasizes the importance of preserving people's trust in democratic institutions.
• As such an ideal, it enables people to collaborate and coordinate in order to pursue constitutional aspirations that cannot be achieved alone.
• Constitutional morality can influence and change prevailing social morality through laws and forms.
• For example, by legislating the abolition of Sati, the right to dignity and life was passed on to widows, which later influenced society's perception of the practice.
• Constitutional morality recognizes society's plurality and diversity and strives to make individuals and communities more inclusive in their functioning by constantly providing opportunities for improvement and reform.
• In Navtej Singh Johar v. Union of India, for example, the Supreme Court established a framework to reaffirm the rights of LGBTQ and all gender- nonconforming people to dignity, life, liberty, and identity.

Scope of Constitutional Morality

• The Supreme Court has not clearly defined the extent and scope of constitutional morality, leaving it open to subjective interpretations by individual judges.
• Critics also argue that the concept of constitutional morality is just another chapter in the judiciary's quest to usurp Parliament's powers.
• By imposing Judicial Supremacy over Parliamentary Supremacy, violates the fundamental principle of separation of powers.
• The judges' overreach pits constitutional morality against societal morality.

Conclusion

Constitutional Morality is a concept that should be instilled in the minds of all responsible citizens. Maintaining constitutional morality is not only the responsibility of the judiciary or the state, but also of individuals. The type of society we wish to establish is explicitly mentioned in the constitution's preamble; it can only become a reality through constitutional morality. The judiciary has established progressive and monumental precedents in the last few years, where this doctrine has been applied particularly in cases of gender justice, institutional propriety, social uplift, checking majoritarianism, and other such evils.

FAQs 

Q1: What is the Doctrine of Constitutional Morality?

Q2: How is Constitutional Morality different from societal morality?

Q3: Why is the Doctrine of Constitutional Morality important?

Q4: What role does Constitutional Morality play in judicial decisions?

Q5: Can you give an example of the application of Constitutional Morality in a landmark judgment?

MCQs 

1. What does the Doctrine of Constitutional Morality primarily emphasize?

A) Adherence to religious practices

B) Upholding constitutional principles and values

C) Strict adherence to societal norms

D) Preservation of traditional customs

2. Which Supreme Court judgment highlighted Constitutional Morality in decriminalizing homosexuality?

A) Sabarimala Temple Case

B) Navtej Singh Johar v. Union of India

C) Keshavananda Bharati Case

D) Golaknath Case

3. How does Constitutional Morality differ from societal morality?

A) It aligns completely with religious practices

B) It adapts to changing societal norms

C) It prioritizes constitutional principles over traditional societal norms

D) It disregards constitutional values

4. What is the primary aim of the Doctrine of Constitutional Morality in governance?

A) To maintain traditional practices

B) To ensure equality and justice as per constitutional ideals

C) To adhere strictly to religious customs

D) To maintain status quo

5. Which of the following best describes the relationship between Constitutional Morality and judicial review?

A) Judicial review ignores Constitutional Morality

B) Judicial review uses Constitutional Morality to interpret laws and rights

C) Judicial review relies solely on public opinion

D) Judicial review enforces societal norms over constitutional values

GS Mains Questions and Model Answers

Q1: Discuss the significance of the Doctrine of Constitutional Morality in the context of judicial activism in India.

Answer: The Doctrine of Constitutional Morality plays a critical role in judicial activism by guiding courts to interpret laws and address social injustices in accordance with constitutional values. This doctrine ensures that judicial decisions promote equality, liberty, and dignity, even if it means challenging traditional norms. It empowers the judiciary to advance social reforms, protect fundamental rights, and foster an inclusive society. Landmark judgments such as the decriminalization of homosexuality and gender equality rulings demonstrate the significance of Constitutional Morality in achieving progressive legal outcomes.

Q2: How does the Doctrine of Constitutional Morality influence social reforms in India?

Answer: The Doctrine of Constitutional Morality influences social reforms by prioritizing constitutional values over regressive societal norms. It provides a constitutional basis for addressing issues such as caste discrimination, gender inequality, and LGBTQ+ rights. By upholding principles like equality, justice, and dignity, this doctrine enables lawmakers and the judiciary to implement policies and deliver judgments that promote social equity and challenge oppressive traditions.

Q3: Explain how the Supreme Court has used the concept of Constitutional Morality to protect fundamental rights.

Answer: The Supreme Court has invoked Constitutional Morality to protect and expand fundamental rights, often addressing social inequalities and injustices. By interpreting laws through the lens of constitutional values, the Court has delivered judgments safeguarding individual freedoms and promoting equality. Notable examples include decriminalizing homosexuality and upholding women's rights in religious spaces. This approach ensures that governance and legal interpretation remain consistent with constitutional ideals, protecting citizens' rights and fostering an egalitarian society.

Previous Year Questions on  Constitutional Morality

1. UPSC CSE 2019

Question: How has the Supreme Court of India used the concept of Constitutional Morality to balance individual rights and social norms?

Answer: The Supreme Court of India has utilized the concept of Constitutional Morality to uphold individual rights while challenging regressive social norms. In cases such as Navtej Singh Johar v. Union of India (decriminalizing homosexuality) and the Sabarimala Temple verdict (granting women the right to enter the temple), the Court prioritized constitutional values of equality and dignity over restrictive societal practices. This approach highlights the judiciary's role in promoting an inclusive society by ensuring that constitutional principles override discriminatory norms, thereby balancing individual freedoms with the need for social reform.

2. UPSC CSE 2020

Question: Examine the relevance of Constitutional Morality in contemporary Indian society.

Answer: Constitutional Morality remains highly relevant in contemporary Indian society, providing a framework to address social inequalities and uphold democratic values. By focusing on the Constitution’s ideals of justice, liberty, and equality, it ensures that laws and policies reflect progressive change, even when societal norms lag behind. The concept has guided judgments on issues like gender equality, LGBTQ+ rights, and social justice, offering a counterbalance to oppressive customs and promoting human dignity. Constitutional Morality continues to be a vital tool for fostering a just and inclusive society.