Mains Daily Question
Jan. 8, 2024

Q.3  Constitutional Morality’ is rooted in the constitution itself and is founded on its essential facets. Explain the doctrine of Constitutional Morality’ with the help of relevant judicial decisions. (10M/150W)

Model Answer

Approach 

Introduction: Briefly introduce with meaning of Constitutional Morality

Body:

Heading 1: Explain how constitutional morality finds it’s foundation in various aspects of the constitution

Heading 2: Mention relevant SC Judgements where constitutional morality has been invoked. 

Conclusion: Conclude with your key remarks on constitutional morality and its importance. .

 

Answer:

Constitutional morality refers to the principles and values that underlie the constitution and guide the actions of government and citizens. It encompasses the idea that the constitution is not just a legal document but also a moral one that reflects the shared values and aspirations of a society. It should be interpreted and implemented consistently with these fundamental principles and values rather than simply as a technical document to be followed literally.

 

While the explicit term 'Constitutional Morality' is absent in the Indian Constitution, its principles are deeply ingrained in various components of the document.

 

  • Preamble: The Preamble articulates values such as justice, liberty, equality, and fraternity as the bedrock of India's democratic system, reflecting the essence of Constitutional Morality.
  • Fundamental Rights: Fundamental Rights serve as a shield, protecting individuals from the arbitrary exercise of state power. Article 32, in particular, empowers the Supreme Court to enforce these rights.
  • Directive Principles: The Directive Principles offer guidance to the State, outlining the constitutional vision contributing to the overall fabric of Constitutional Morality.
  • Fundamental Duties: In addition to enjoying rights, citizens bear certain duties towards the nation, as emphasized by the Fundamental Duties outlined in the Constitution.
  • Check and Balances: The system incorporates checks and balances to maintain accountability, including legislative oversight of the executive and judicial review of legislative and executive actions. 

 

Constitutional morality has been invoked in several cases by the Supreme Court. Some of these cases are as follows:

 

  • SP Gupta Case/First Judge Case (1982): The Supreme Court described constitutional violation as ‘a serious breach of constitutional morality’.
  • Naz Foundation vs. Government of NCT of Delhi (2010): The Supreme Court took into cognizance the idea of upholding the constitutional principles rather than society’s perception with regard to the legitimacy of same-sex relationships.
  • NCT of Delhi vs. Union of India (2018): The Supreme Court equated constitutional morality with the spirit of the Constitution itself.
  • Navtej Singh Johar vs. Union of India (2018): The Supreme Court made a distinction between constitutional and public morality.
  • Indian Young Lawyer’s Association v. State of Kerala (Sabrimala Case): SC opined that constitutional morality which includes values like justice, liberty, equality and fraternity ought to be preferred over customary values, traditions and beliefs.

 

Therefore, constitutional morality stands as a cornerstone in the democratic fabric of India, embodying the principles and values enshrined in the Constitution. It serves as a guiding force that transcends individual beliefs and preferences, fostering a collective commitment to justice, equality, and the rule of law. 

Subjects : Polity
Only Students can submit Answer.

Enquire Now