Concept and Intellectual Origins
- Constitutional morality refers to guiding constitutional values shaping governance and citizen conduct.
- The concept was propounded by George Grote in the nineteenth century. Grote defined it as a “paramount reverence for constitutional forms.”
- In India, the term was first articulated by Dr. B.R. Ambedkar.
- The Indian Constitution does not explicitly mention the term, but embeds its spirit.
Core Pillars of Constitutional Morality
- Constitutional values include justice, liberty, equality, fraternity, secularism, and individual dignity.
- Rule of law ensures accountability of citizens and authorities under the same legal framework.
- Democratic principles protect participatory governance and accountability of elected representatives.
- Fundamental rights safeguard equality, free expression, and life and personal liberty.
- Separation of powers prevents excessive concentration of authority in any constitutional organ.
- Checks and balances restrain abuse of power and protect institutional integrity.
- Constitutional interpretation adapts foundational values to evolving social circumstances.
- Ethical governance promotes transparency, integrity, and accountability in public administration.
Constitutional Foundations in India
- Constitutional morality flows from the Preamble, Fundamental Rights, and Directive Principles of State Policy.
- The Supreme Court has repeatedly invoked this doctrine in rights-based and institutional cases.
Key Judicial Pronouncements
- Kesavananda Bharati (1973): Established the basic structure doctrine protecting core constitutional principles.
- S.P. Gupta (1982): Treated constitutional breaches as violations of constitutional morality.
- Naz Foundation (2009): Prioritised constitutional morality over prevailing social morality.
- Manoj Narula (2014): Linked constitutional morality with rule of law and non-arbitrariness.
- Sabarimala Case (2018): Upheld equality and dignity over restrictive religious practices.
- Navtej Singh Johar (2018): Decriminalised homosexuality by affirming constitutional rights and dignity.
Challenges in Contemporary Governance
- Political interference undermines autonomy of constitutional and statutory institutions.
- Judicial activism versus restraint raises concerns over separation of powers.
- Enforcement gaps include delays, limited legal awareness, and uneven compliance.
Way Forward
- Strengthen institutions through transparent appointments and reduced political influence.
- Promote civic education to deepen constitutional awareness among youth and citizens.
- Enhance access to justice via legal aid, backlog reduction, and alternative dispute mechanisms.
- Encourage ethical leadership to model accountability and public service values.
- Adapt legal frameworks to address technological, global, and environmental challenges.