Constitutional Morality

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The recent arrest of a serving Chief Minister has brought the issue of constitutional morality to the forefront, emphasizing the importance of moral behavior that political institutions should uphold.

Understanding Constitutional Morality

Constitutional morality refers to adherence to the principles and values enshrined in a constitution within a democratic framework. It transcends mere legal interpretation, incorporating values such as social justice and equality. This concept balances freedom and restraint, requiring citizens to respect constitutional authorities while retaining the right to critique those in power. It promotes the evolution of laws in response to changing societal norms and values. Courts utilize constitutional morality to adapt legal principles to contemporary understandings of justice and equality. Dr. B.R. Ambedkar described constitutional morality as the norms and procedures that guide decision-making in cases where the Constitution is silent or grants discretionary power.

Constitutional Morality in the Indian Constitution

Implicit Presence in the Constitution: Although the term "constitutional morality" is not explicitly mentioned in the Indian Constitution, it is inherently present in various sections and Supreme Court judgments.

• Preamble: The Preamble outlines democratic principles such as justice, liberty, and equality.
• Fundamental Rights: Article 32 safeguards individual rights against arbitrary state power.
• Directive Principles: These provide guidelines for the state to achieve social and economic objectives.
• Fundamental Duties: These outline the responsibilities of citizens towards the nation.
• Checks and Balances: These mechanisms prevent the concentration of power.
• Discretionary Power and Non-discrimination: These concepts are closely linked to constitutional morality.

Supreme Court’s Interpretation: The Supreme Court has interpreted and applied constitutional morality in several landmark cases.

• Naz Foundation v. Government of NCT, 2009: This case distinguished between public morality and constitutional morality, asserting that constitutional values should prevail over popular morality.
• Krishnamoorthy case, 2015: Highlighted the necessity of constitutional morality for good governance.
• Union of India vs. Government of NCT of Delhi: Stressed that high-ranking officials must adhere to constitutional values to prevent misuse of authority.
• Government of NCT of Delhi case, 2018: The Court described constitutional morality as akin to a "second basic structure doctrine," emphasizing its role in curbing arbitrary authority.
• Navtej Singh Johar case (2018): This case underscored the right to privacy and dignity for the LGBTQI+ community, highlighting the role of constitutional morality in fostering a pluralistic and inclusive society while upholding constitutional values.
• Justice K.S. Puttaswamy case (2018): Upheld the validity of Aadhaar with restrictions, showcasing the Court’s role in checking executive overreach.
• Joseph Shine v. Union of India, 2018: This judgment emphasized that constitutional morality should guide the law, prioritizing equality, non-discrimination, and dignity.