- Recently the CJI said that ‘Constitutional Morality’ is essential to India’s diversity.
- Constitutional morality entails adherence to constitutional norms that enable the practice of the Constitution not only in letters but also in spirit.
- It goes beyond the literal interpretation to encompass a commitment to constitutional values such as sovereignty, social justice, and equality.
- British historian George Grote first coined the term.
- He emphasised the balance between freedom and restraint, where citizens obey constitutional authorities but also have the freedom to criticize them.
- According to the Dr. B.R. Ambedkar:
- Constitutional morality is necessary for the peaceful working of a democratic Constitution. However, it is not a natural sentiment. It has to be cultivated.
Some constitutional provisions related to Constitutional Morality
- Fundamental Rights: Individuals’ rights against the arbitrary use of state power.
- Fundamental Duties: Citizens have responsibilities to the nation.
- Separation of power: Judicial review of legislative and executive actions, legislative oversight of the executive, etc.
Supreme Court Judgements related to Constitutional Morality:
- Krishnamoorthy case (2015): Court emphasised that constitutional morality is essential for good governance.
- Justice K S Puttaswamy case (2018): Court reiterated its duty to uphold constitutional morality by nullifying any law or executive action that contravenes the constitution.
- Navtej Singh Johar Case (2018): Court emphasized constitutional morality over societal morality while striking down Section 377 of the IPC.
