Article 5 of Indian Constitution
1. Meaning of Constitutional Morality
Constitutional Morality refers to the adherence to the principles, values, and spirit of the Constitution rather than individual or popular notions of morality. It emphasizes that all actions of the State, judiciary, and citizens should align with constitutional ideals such as:
Liberty
Equality
Justice
Fraternity
Rule of law
It is a normative standard that guides governance and interpretation of laws, especially in cases where societal morality may conflict with constitutional rights.
Simply put, it is the moral framework given by the Constitution, which may differ from the traditional or social morality of a community.
2. Key Features
Supremacy of Constitution: Constitutional morality prioritizes the Constitution over societal norms.
Protects Fundamental Rights: Ensures that rights like freedom, equality, and dignity are respected.
Checks Majoritarianism: Prevents domination by the majority’s moral views.
Dynamic Concept: Evolving with social progress and judicial interpretation.
3. Constitutional Morality vs. Social Morality
| Aspect | Constitutional Morality | Social Morality |
|---|---|---|
| Source | Constitution | Society, customs, religion |
| Basis | Rule of law, fundamental rights | Tradition, culture, popular opinion |
| Nature | Progressive, inclusive | Sometimes rigid, exclusive |
| Example | Protecting LGBTQ+ rights | Opposing homosexuality due to societal norms |
4. Important Case Laws on Constitutional Morality
A. Navtej Singh Johar v. Union of India (2018)
Facts: Challenge to Section 377 IPC (criminalizing consensual homosexual acts).
Issue: Whether societal morality could override constitutional rights.
Judgment: Supreme Court decriminalized consensual homosexual acts.
Held: Constitutional morality must prevail over majoritarian or social morality. Rights of individuals cannot be suppressed just because they conflict with popular morality.
Key Quote:
"The Constitution is the guiding light, and its morality is superior to societal morality."
B. Kesavananda Bharati v. State of Kerala (1973)
Facts: Landmark case on the basic structure doctrine.
Issue: Whether Parliament can amend fundamental rights.
Judgment: Parliament cannot destroy the basic structure of the Constitution.
Significance: Constitutional morality ensures that even the legislature respects constitutional ideals, not just majority opinion.
C. S.R. Bommai v. Union of India (1994)
Facts: State governments were dismissed using Article 356.
Held: Judicial review is essential to check arbitrary action.
Significance: Constitutional morality demands that democracy and federalism be respected, not undermined by political expediency.
D. Indra Sawhney v. Union of India (1992)
Facts: Reservation policy and backward class criteria.
Held: Reservations are allowed but must comply with constitutional principles.
Significance: Constitutional morality requires balancing equality and affirmative action.
E. Puttaswamy v. Union of India (2017)
Facts: Right to privacy challenge.
Held: Privacy is a fundamental right under the Constitution.
Significance: Constitutional morality protects individual dignity against societal or governmental intrusion.
5. Importance of Constitutional Morality
Protects Minority Rights: Prevents oppression by majority social norms.
Guides Judiciary: Judges use it to interpret laws progressively.
Ensures Rule of Law: Government actions must align with constitutional values.
Promotes Social Change: Encourages society to evolve in line with justice and equality.
6. Conclusion
Constitutional morality is the backbone of Indian democracy. It acts as a check on social prejudices, popular opinion, and arbitrary state power. Cases like Navtej Singh Johar and Puttaswamy show that the Supreme Court prioritizes constitutional morality over social morality, ensuring justice, liberty, and equality for all citizens.
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