Constitutional Morality
Elaboration
- Meaning: Commitment to the values, principles and spirit of the Constitution, beyond its literal text. It means respect for constitutional institutions, restraint in the exercise of power, tolerance, dissent, protection of minorities, and adherence to the rule of law, even when public opinion differs.
- Origin: The phrase comes from George Grote (historian of Greece). Ambedkar quoted him in the Constituent Assembly (Nov 1948): constitutional morality is not a natural sentiment; it has to be cultivated, as Indians had little tradition of democracy; he warned against "grafting democracy on Indian soil which is essentially undemocratic".
- Judicial use:
- Naz Foundation v Govt of NCT Delhi (2009, Delhi HC): constitutional morality, not public morality, should guide.
- Manoj Narula v UoI (2014): constitutional morality is a check on abuse of power; on tainted ministers (Justice Dipak Misra).
- Navtej Singh Johar v UoI (2018): decriminalised consensual same-sex acts (Sec 377 IPC); constitutional morality over societal morality.
- Indian Young Lawyers Association (Sabarimala, 2018): majority invoked constitutional morality to allow entry of women; Justice Indu Malhotra dissented, cautioning against judicial interference in religious practices.
- Joseph Shine v UoI (2018): struck down adultery law (Sec 497 IPC).
- Common Cause (2018) on living will and dignity.
- Critiques: vague, may allow judges to impose personal views, counter-majoritarian, and the risk of judicial overreach.
- Constitutional morality vs public/social morality: The first is principle-based and inclusive; the second reflects prevailing popular/religious sentiment.
- Ethics link (GS-IV): Civil servants should show constitutional values (impartiality, objectivity).
Key points to remember
- Term by George Grote; popularised in India by Ambedkar.
- Navtej Johar (2018): constitutional morality > social morality (decriminalised Sec 377).
- Components: rule of law, respect for institutions, tolerance of dissent, minority rights, accountability.
- Ambedkar: "Constitutional morality is not a natural sentiment. We must realise that our people have yet to learn it." (paraphrased in notes)
PYQ / MCQ
1. The concept of 'constitutional morality' was invoked by Dr Ambedkar, drawing from:
(a) John Locke
(b) George Grote
(c) Dicey
(d) Montesquieu Answer: (b)
2. In which case did the SC decriminalise consensual homosexual acts between adults?
(a) Naz Foundation
(b) Suresh Kumar Koushal
(c) Navtej Singh Johar
(d) NALSA
Answer: (c)
3. Constitutional morality means:
(a) Obedience to majority opinion
(b) Adherence to constitutional values and principles in governance
(c) Religious morality in law
(d) Personal morality of judges
Answer: (b)