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.
'Constitutional Morality' signifies adherence not merely to the literal text of the Constitution, but to its fundamental values and spirit, upholding the principles of liberty, equality, fraternity, dignity, and justice enshrined within it. It acts as a guiding star for all organs of the state, especially the judiciary, ensuring that majoritarian public opinion or prevailing societal norms do not override the core tenets of the Constitution and the rights of minorities or individuals. Rooted deeply in the Preamble's ideals, the Fundamental Rights (Part III), and Directive Principles (Part IV), it demands a commitment to transformative constitutionalism.
The Supreme Court has increasingly invoked this doctrine to protect individual liberties and advance social progress. In Navtej Singh Johar v. Union of India (2018), while decriminalizing consensual same-sex relations (Section 377 IPC), the Court explicitly stated that "constitutional morality cannot be martyred at the altar of popular morality." It underscored that the Constitution is a living document, evolving with societal aspirations for equality and dignity, and the judiciary's role is to ensure these values are upheld for all citizens, irrespective of their sexual orientation.
Similarly, in the Indian Young Lawyers Association v. State of Kerala (Sabarimala, 2018) case, the majority judgment relied on constitutional morality to allow women of all ages entry into the Sabarimala temple. The Court reasoned that patriarchal traditions cannot trump the fundamental right to equality (Article 14) and freedom of religion (Article 25) for women, asserting that the spirit of the Constitution demands an inclusive and non-discriminatory interpretation. These decisions highlight constitutional morality as a powerful tool to ensure that the Constitution remains a beacon of progress, protecting human dignity against entrenched prejudices and popular sentiment.
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Sakshi Negi
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