Constitutional Morality under constitutional law
Constitutional Morality: Meaning and Concept
Definition:
Constitutional morality refers to the adherence to the principles, values, and spirit of the Constitution by the State, institutions, and citizens. It is the moral duty to uphold constitutional ideals such as liberty, equality, justice, fraternity, and rule of law.
Unlike ordinary morality, which is derived from social norms, religion, or culture, constitutional morality is anchored in the Constitution itself, and it often requires actions or judgments even if they go against societal prejudices or popular opinion.
Key Features of Constitutional Morality
Supremacy of Constitution:
It emphasizes that the Constitution is supreme and must guide the governance of the country.
Compliance by Institutions:
Legislatures, executives, and judiciary are bound by constitutional morality.
Protection of Fundamental Rights:
Constitutional morality ensures that fundamental rights are protected, even against popular or majoritarian sentiment.
Independent of Social Morality:
It may require going against social or traditional norms if they conflict with constitutional principles.
Origins in Indian Jurisprudence
The term “constitutional morality” has gained prominence through Supreme Court judgments, particularly in cases involving fundamental rights, equality, and personal freedoms.
Key Case Laws
Navtej Singh Johar v. Union of India (2018) – Decriminalization of Section 377 IPC
Significance: Supreme Court emphasized that constitutional morality must prevail over social morality.
Observation: Justice Chandrachud observed that even if a practice is socially unacceptable, the Constitution protects individual liberty and equality, and the State must act according to constitutional morality.
S.R. Bommai v. Union of India (1994) – State Government Dismissals
Significance: Constitutional morality was held to be essential for the protection of democracy and secularism.
Observation: The court stated that political parties and governments must adhere to constitutional morality, failing which their actions could be invalidated.
Indian Young Lawyers Association v. State of Kerala (Sabarimala Case, 2018)
Significance: Constitutional morality was invoked to allow entry of women in Sabarimala Temple, despite long-standing religious customs.
Observation: The Court held that customs cannot override constitutional morality, especially the principles of equality and non-discrimination.
Shayara Bano v. Union of India (2017) – Triple Talaq
Significance: The Court struck down instant triple talaq, citing constitutional morality.
Observation: Practices violating fundamental rights and principles of equality cannot be justified under personal or social norms.
Importance of Constitutional Morality
Preserves the essence of democracy: Ensures that the government respects the rule of law.
Protects minorities and vulnerable groups: Even if majority opinion is against them.
Ensures judicial and executive accountability: All organs of the State must follow the Constitution.
Guides social transformation: Helps eliminate discriminatory practices rooted in tradition or social morality.
Difference Between Social Morality and Constitutional Morality
| Aspect | Social Morality | Constitutional Morality |
|---|---|---|
| Source | Society, culture, religion | Constitution of India |
| Nature | Changeable, variable | Permanent, anchored in law |
| Authority | Social norms | Supreme Court and Constitution |
| Examples | Gender roles, caste practices | Fundamental rights, equality, liberty |
Summary
Constitutional morality = adherence to constitutional values, principles, and ideals.
It is binding on all State institutions, unlike social morality, which is informal.
Courts have repeatedly emphasized it in cases like Navtej Singh Johar, S.R. Bommai, Sabarimala, Shayara Bano.
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