MEANING, DEFINITION & EXPLANATION

Constitutional morality refers to the adherence to the core principles enshrined in a Constitution, guiding the interpretation and application of laws. In the Indian context, it embodies the values of democracy, justice, equality, liberty, and fraternity. This doctrine ensures that the actions of the State and its organs align with these foundational principles, promoting an inclusive and democratic political process that satisfies both individual and collective interests.

HISTORICAL BACKGROUND / EVOLUTION

The concept of constitutional morality was first introduced by the British classicist George Grote in the 19th century, who described it as a “paramount reverence for the forms of the Constitution” of the land. In India, Dr. B.R. Ambedkar invoked this phrase during the Constituent Assembly Debates to express his vision for the nascent republic. He emphasized that constitutional morality is essential for the working of a democratic Constitution, ensuring that both the government and the governed operate within the constitutional framework.

COMPARISON WITH OTHER COUNTRIES

While the term “constitutional morality” is prominently discussed in India, other democracies emphasize similar principles under different terminologies. For instance:

• In the United States, the concept of “constitutional ethos” reflects the foundational values that guide constitutional interpretation.
• Similarly, the United Kingdom, lacking a written Constitution, relies on “constitutional conventions” to uphold democratic principles.

These parallels highlight the universal importance of adhering to constitutional principles to maintain democratic integrity.

RELATIONSHIP WITH OTHER CONCEPTS

Constitutional morality often intersects with public morality, especially in legal adjudications. While public morality reflects societal norms and values, constitutional morality upholds the principles enshrined in the Constitution, even if they conflict with prevailing social mores. This distinction ensures that fundamental rights are protected against majoritarian impulses, reinforcing the Constitution’s role as a counter-majoritarian document.

ESSENTIALS / ELEMENTS / PRE-REQUISITES

The key elements of constitutional morality include:

• Adherence to Constitutional Values: Upholding the core values enshrined in the Constitution, such as justice, liberty, equality, fraternity, secularism, and the dignity of the individual.
• Rule of Law: Ensuring that all actions are conducted within the legal framework, preventing arbitrary use of power.
• Institutional Integrity: Maintaining the sanctity and independence of constitutional institutions.
• Commitment to Democratic Processes: Respecting democratic procedures and norms, including free and fair elections, and the protection of minority rights.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

The Indian Constitution implicitly incorporates the doctrine of constitutional morality through various provisions:

• Article 19: Guarantees freedom of speech and expression, subject to reasonable restrictions based on decency or morality.
• Article 25: Ensures freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health.
• Article 26: Provides freedom to manage religious affairs, again subject to public order, morality, and health.

These provisions highlight the balance between individual freedoms and societal interests, mediated through the lens of constitutional morality.

CASE LAWS / PRECEDENTS

Several landmark judgments have invoked the doctrine of constitutional morality:

1. Navtej Singh Johar v. Union of India (2018):
   The Supreme Court decriminalized consensual homosexual acts among adults, emphasizing that constitutional morality must prevail over societal morality. The Court held that Section 377 of the Indian Penal Code, which criminalized such acts, violated fundamental rights.

2. Government of NCT of Delhi v. Union of India (2018):
   The Court underscored that constitutional morality is synonymous with the spirit of the Constitution, requiring complete adherence to its principles. The judgment clarified the distribution of powers between the Lieutenant Governor and the elected government of Delhi, reinforcing democratic governance.

3. S. Khushboo v. Kanniammal (2010):
   The Supreme Court ruled against excessive interference in personal autonomy and freedom of expression, cautioning against using the pretext of upholding social morality, given the subjective nature of these moral concepts.

4. Shafin Jahan v. Asokan K.M. (2018):
   The Supreme Court established that the right to choose one’s spouse is inherent to Article 21 of the Constitution. While recognizing the significance of social values and morals, the court emphasized that these must not take precedence over constitutionally protected freedoms.

5. Shakti Vahini v. Union of India (2018):
   The Supreme Court extended legal protection not only to married couples but also to unmarried couples, safeguarding them from potential threats of violence. The bench concluded that ensuring the safety of couples facing such threats is of paramount importance.

6. Poonam Rani v. State of Uttar Pradesh (2021):
   The Allahabad High Court reaffirmed that the Constitutional Court bears the responsibility of overseeing and upholding both constitutional morality and the rights of citizens, particularly when these rights are endangered solely due to their sexual orientation.

7. Sultana Mirza v. State of Uttar Pradesh (2020):
   The Allahabad High Court established that the Constitutional Court bears the responsibility of overseeing and upholding both constitutional morality and the rights of citizens, particularly when these rights are endangered solely due to their sexual orientation.