PM IAS FEB 18 EDITORIAL ANALYSIS

Constitutional Morality

Syllabus: GS2/Polity

In the recent past, our constitutional courts have embraced the polysemous concept of ‘constitutional morality’ as a tool to interpret and as a test to adjudicate upon the constitutional validity of statutes.

It is a fundamental principle that guides democratic governance and legal interpretation in constitutional democracies.
It signifies adherence to the core values enshrined in the Constitution, ensuring justice, liberty, equality, and fraternity.
The term ‘Constitutional Morality’ has gained prominence in India, particularly through judicial pronouncements interpreting the Indian Constitution in a progressive manner.

The term ‘Constitutional Morality’ was first articulated by British historian George Grote in his work ‘A History of Greece’.
- Grote used the ‘Constitutional Morality’ phrase to describe the reverence for the forms and procedures of the constitution, emphasizing the importance of public reason, self-restraint, and critique.
- According to Grote, constitutional morality implies the habits and norms necessary to preserve a constitutional system beyond its written provisions.
In Indian Context, Dr. B.R. Ambedkar invoked the concept of constitutional morality during the Constituent Assembly debates in 1948.
- He emphasized that democracy in India would require the establishment and diffusion of constitutional morality to ensure a free and peaceable society.
- He argued that constitutional morality was not a natural sentiment but a necessary ideal for the functioning of a democratic polity.

Pros & Cons of Constitutional Morality
– Upholding Fundamental Rights & Duties – Promoting Social Justice – Ensuring Accountability – Adapting to Changing Societal Values – Strengthening Democracy	– Subjectivity and Ambiguity – Judicial Overreach – Clash with Religious and Traditional Beliefs – Conflict with Public Morality – Complexity and Legal Uncertainty – Majoritarian Influence

Balancing Individual Rights and Societal Norms: Constitutional morality often requires striking a balance between individual freedoms and collective interests.
- It ensures that laws uphold fundamental rights, even when they challenge traditional or majoritarian viewpoints.
Role in Democratic Governance: Ambedkar highlighted that constitutional morality is crucial for sustaining democracy.
- It prevents the tyranny of the majority and ensures that the Constitution remains the guiding force rather than the whims of transient political powers.
Evolving Nature of Constitutional Morality: Since constitutional morality is not a static concept, it evolves with time, societal progress, and judicial interpretations.
- Issues like LGBTQ+ rights, gender justice, and privacy have expanded the dimensions of constitutional morality in India.

Kesavananda Bharati Case (1973): Three out of Thirteen Judges referred to ‘basic structure doctrine itself is relatable to Constitutional morality’.
K.S. Puttaswamy v. Union of India (2017): The Supreme Court upheld the right to privacy as a fundamental right, interpreting it as an essential aspect of constitutional morality.
Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized Section 377, reiterating that constitutional morality prevails over societal morality.
- Naz Foundation v. Government of NCT of Delhi (2009): The Delhi High Court invoked constitutional morality to decriminalize homosexuality under Section 377 of the IPC, emphasizing dignity and individual rights.
Sabarimala Temple Entry Case (2018): The Court upheld women’s right to worship, ruling that constitutional morality ensures equality and non-discrimination, even in matters of religious tradition.
Joseph Shine vs. Union of India (2018) Case: SC invoked constitutional morality to strike down the criminalization of adultery, emphasizing the need for a progressive interpretation of constitutional values.

Constitutional morality has become a focal point of debates on various pressing issues, such as the rights of sexual minorities, women’s entry into temples, the limits of free speech, and the balance between national security and civil liberties.
Constitutional morality is a vital concept that underscores the importance of upholding the principles and values enshrined in a constitution, and it continues to evolve, reflecting the dynamic nature of constitutional interpretation and the changing societal values.
As India navigates the complexities of modern governance, constitutional morality remains a guiding principle for ensuring justice, equality, and liberty for all citizens.