What is Constitutional Morality?

By : Neha Dhyani

Updated : Jun 2, 2022, 11:43

Constitutional Morality ensures the functioning of a healthy democracy, one based on reconciling the needs and interests of all. It is important for public servants to feel a sense of loyalty and dedication towards upholding the principles of democracy, even when their interests might be at stake.

Constitutional Morality - Principles and Ethics

Constitutional Morality is a sentiment that should be nurtured in the thoughts of responsible citizens but reinforced by an unbiased court guided by principles and ethics.

  • The supreme respect for the constitution has been characterised as Constitutional Morality.
  • Constitutional Morality gives a foundation for understanding how government works. It establishes standards for institutions to follow to exist and an expectation of behaviour that is consistent with the Constitution's spirit and its content. It also holds governments and their officials responsible.
  • The principle of Constitutional Morality is not new. It is substantially contained in the Constitution explicitly, in sections such as Fundamental Rights (Articles 12-35), Fundamental Duties, Directive Principles of State Policy (DPSP) (Articles 36-51), and Preamble.

Constitutional Morality and Supreme Court Decisions

Constitutional Morality is founded on ideals such as human autonomy and independence, justice without prejudice, respect for individuality with pride, and the right to liberty.

Commitment to the essential ideas of constitutional democracy is defined as Constitutional Morality.

Constitutional Morality clashed with societal morality, which discriminates against women for genetic reasons such as menstruation.

Supreme Court decisions that define Constitutional Morality -

  1. The Supreme Court limited Parliament's ability to breach the Constitution's Basic Structure in the Kesavananda Bharati case.
  2. The Supreme Court ruled in the Naz Foundation case that only Constitutional Morality, not Public Morality, should triumph.
  3. The Supreme Court declared Constitutional Morality just like a guiding notion that highlights the need to protect people's faith in the system of democracy in the Lt Governor of Delhi case.
  4. The Supreme Court ignored the "doctrine of essentiality" in the Sabarimala case to defend Constitutional Morality.

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What Exactly Does Constitutional Morality Imply?

Constitutional Morality protects the rule of law in the nation while considering society's changing ambitions and goals.

Constitutional Morality has traditionally been considered the ultimate kind of constitutional devotion. Constitutional Morality gives a moral basis for doing government work.

Constitutional Morality is a governing philosophy that emphasises the need to maintain public confidence in democratic institutions. It permits people to work together and synchronise to attain constitutional goals that are impossible to achieve alone.

It can influence and affect societal morality through laws and forms. Constitutional Morality acknowledges society's richness and variety and strives to make people and communities more equitable in their operations by allowing for continuous development and reform.

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What Is the Best Way to Protect Constitutional Morality?

Freedom and self-control are the cornerstones of Constitutional Morality. Self-control was a requirement for retaining liberty under a properly constituted government.

  • Constitutional approaches for accomplishing social and economic goals must be adopted to maintain Constitutional Morality.
  • Adherence to the Constitution's values and ambitions.
  • Raising awareness among the general people about their constitutionally guaranteed rights.
  • While implementing Fundamental Rights, adhere to the Fundamental Duties.
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FAQs on Constitutional Morality

Q1. What is Morality in Constitutional Morality?

Morality can refer to a set of norms or principles formed from a standard of ethics based on a theory, culture, or society, or it can refer to a personal standard.

Q2. What is the Constitutional Morality Principle?

Adherence to or fidelity to the basic components of constitutional values is characterised as Constitutional Morality. It entails a dedication to a liberal and equitable political process beneficial to both individuals and society.

Q3. Who applied the term Constitutional Morality in the Indian constitution?

The idea of Constitutional Morality was applied in Navtej Singh Johar's landmark case, which used it in a novel way to overturn section 377 of the Indian Penal Code.

Q4. What does Ambedkar mean by Constitutional Morality?

The theory of Constitutional Morality, according to Dr Ambedkar, essentially refers to respect among republic citizens for true democracy as the acceptable method of governance.