'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.
Based on 44 evaluated answers to this question on CollectorBabu: here is what aspirants most often missed, the mistakes that cost marks, and a model answer.
What most aspirants missed
- Sabarimala judgment's line that constitutional morality must prevail over social or religious morality, with the specific Articles 14, 15, 17 and 25 engaged
- Ambedkar's Constituent Assembly articulation of constitutional morality as a safeguard against social tyranny and majoritarianism
- Naz Foundation (2009) as the first judicial use of the term, and its reversal by Koushal (2013) before Navtej Johar (2018) settled the position
- Kesavananda Bharati's basic structure doctrine as the structural guardian of constitutional morality, with Parliament's amending power limited
- Explicit link between each case and the constitutional value it protects, such as dignity and equality in Navtej Johar or autonomy in Puttaswamy
- Criticism that constitutional morality can give courts excessive power, and the need to balance it with other democratic principles
Common mistakes
- Naming cases without explaining how each one established or expanded the doctrine
- Defining constitutional morality vaguely without stating that it means constitutional values over popular sentiment
- Getting dates, articles or case outcomes wrong, for example the Sabarimala year or Naz Foundation's status after 2013
- Omitting Ambedkar, the origin of the concept, which the question's 'rooted in the Constitution' framing invites
What the better answers did
- A one-line definition up front, followed by a clear constitutional morality versus social morality distinction
- Each judgment tied to specific Articles and the value protected, with one line on its holding
- Ambedkar's Constituent Assembly remarks used to establish the historical origin
- A brief note on criticism or limits of the doctrine, which shows balanced analysis
Introduction
Open with a one-line definition of constitutional morality as adherence to constitutional values over popular sentiment, then trace its origin to Ambedkar in the Constituent Assembly.
Conclusion
Close by stating that the doctrine's legitimacy depends on principled, impartial application of constitutional values, and note the need to balance it with other democratic principles.
Model answer
Constitutional morality means adherence to the core values of the Constitution, namely liberty, equality and fraternity, even where social or popular morality points elsewhere. B.R. Ambedkar drew on George Grote's idea in the Constituent Assembly, stressing that constitutional morality is not a natural sentiment but has to be cultivated, and he saw it as a check on social tyranny.
Core content of the doctrine
- Constitutional values, not majority sentiment, are the yardstick for state action and personal law.
- It protects minorities and individuals against majoritarian impulses.
- It supports transformative constitutionalism, including Article 17 and the abolition of untouchability.
Judicial articulation
- Naz Foundation (Delhi HC, 2009) read down Section 377 IPC and first used the term in a judgment. The Supreme Court reversed it in Suresh Kumar Koushal (2013).
- Navtej Singh Johar (2018) decriminalised consensual same-sex relations under Articles 14, 15 and 21, holding that constitutional morality cannot yield to social disapproval.
- Indian Young Lawyers Association (Sabarimala, 2018) allowed entry of women of all ages, invoking Articles 14, 15, 17 and 25, and held that constitutional morality prevails over religious custom.
- Shayara Bano (2017) struck down instant triple talaq, placing gender equality over personal law practice.
- NALSA (2014) recognised transgender persons' rights under Articles 14, 15, 19 and 21.
- Puttaswamy (2017) affirmed privacy as a fundamental right under Article 21.
Structural safeguards
- Kesavananda Bharati (1973) held that Parliament cannot alter the basic structure, so constitutional morality is enforceable against the amending power.
- Article 13 voids laws inconsistent with Part III, and Articles 32 and 226 provide the remedy.
Constitutional morality is therefore a demand that the Constitution's values govern both the state and society. Its legitimacy rests on courts applying those values impartially, which is also why its scope needs careful, principled limits.
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