‘Constitutional Morality’ is inherent in the Constitution’s core principles, emphasizing values like justice, equality, and liberty. Judicial decisions, such as Kesavananda Bharati v. State of Kerala, affirm its importance, asserting that adherence to constitutional values is paramount. It underscores a commitment to uphold morality within the constitutional framework.
UPSC Mains General Studies Paper – 2 Mains 2021
UPSC Mains Civil Services IAS Exam Question Paper – 2021
Approach
- Start with a brief intro of the keyword ‘Constitutional Morality’.
- Explain how the doctrine of ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets.
- mention some relevant judicial decisions by the supreme court.
- Conclusion accordingly.
Answer
Introduction
- Constitutional morality means the observance of constitutional norms within a democratic system. It extends beyond a strict adherence to the literal interpretation of constitutional provisions and encompasses a dedication to an all-encompassing and democratic political process that caters to the needs of both individuals and society as a whole. This concept necessitates the application of values such as sovereignty, social justice, and equality in the realm of constitutional adjudication in a pragmatic manner.
Body
The doctrine of ‘Constitutional Morality’ is rooted in the Constitution itself and its essential facets: The term “Constitutional Morality” is not explicitly mentioned in the Indian Constitution, it finds its foundation in various aspects of the constitution:
- Preamble: The Preamble of the Indian Constitution outlines the core values of justice, liberty, equality, and fraternity as the pillars of our democracy. These values provide the basis for Constitutional Morality.
- Fundamental Rights: The Fundamental Rights enshrined in the Constitution protect individuals from the arbitrary exercise of power by the State. Article 32 specifically empowers the Supreme Court to enforce these rights.
- Directive Principles of State Policy: The Directive Principles provide guidelines to the State for implementing the vision of the constitution’s framers. These principles encompass Gandhian, Socialist, and Liberal-Intellectual directions, guiding the State towards achieving social and economic justice.
- Fundamental Duties: In addition to enjoying rights, citizens also have certain duties towards the nation. The Fundamental Duties serve as a reminder that Constitutional Morality requires citizens to fulfil these obligations for the collective well-being of society.
- Checks and Balances: The constitution establishes various mechanisms of checks and balances, such as the legislative check on the executive branch and the judiciary’s power of judicial review over legislative and executive actions. These mechanisms ensure the preservation of Constitutional Morality and prevent the concentration of power in any one branch of government.
Constitutional Morality as per various Supreme Court Judgements:Constitutional morality, as interpreted through various Supreme Court judgments, emphasises the following principles:
- Government of NCT of Delhi Vs. Union of India: High functionaries must uphold constitutional morality and safeguard the constitutional values enshrined in the Constitution. Constitutional morality acts as a safeguard against the arbitrary exercise of power by such functionaries.
- Navtej Singh Johar & Ors. Vs. Union of India: The Supreme Court ruled that Section 377 violated the rights of the LGBTQI community based on the principles outlined in Articles 14, 19, and 21 of the Constitution, particularly emphasising the importance of individual dignity.
- Naz Foundation case: The Supreme Court stated that only constitutional morality, and not public morality, should prevail in legal matters. This decision highlights the primacy of constitutional principles over societal norms.
- Justice K.S. Puttaswamy & Anr. Vs. Union of India & Ors.: The Supreme Court upheld the constitutional validity of Aadhaar, subject to certain restrictions. Constitutional morality mandates that courts must counterbalance any abuse of power by the executive branch and strike down unconstitutional legislation or executive actions.
- Indian Young Lawyers Association v. State of Kerala (Sabarimala Case): The Supreme Court held that constitutional morality, which includes values like justice, liberty, equality, and fraternity, should supersede customary values, traditions, and beliefs. This decision enabled the entry of women into the Sabarimala temple, challenging prevailing perceptions, stereotypes, and prejudices.
Conclusion
- Hence, Constitutional morality plays a vital role in ensuring the effectiveness of constitutional laws. In its absence, the functioning of the constitution can descend into arbitrariness. However, the determination of constitutional morality should not solely rely on the Supreme Court in every case. Instead, it is a sentiment that should be nurtured and ingrained in the minds of citizens.
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