Constitutional Morality and the Constitution in India

What is Constitutional Morality?

Constitutional morality goes beyond the literal interpretation of the Indian Constitution. It emphasizes the spirit of the document, focusing on adherence to its core principles like justice, equality, liberty, and rule of law. It’s the unwritten code that guides the actions of state institutions and individuals to uphold the Constitution’s essence.

Constitutional Morality in the Indian Constitution

The term isn’t explicitly mentioned, but the concept is woven into the Constitution’s fabric:

• Preamble: Enshrines ideals like justice, liberty, and equality, setting the tone for constitutional morality.
• Fundamental Rights (Articles 12-35): Safeguard individual rights against arbitrary state power, fostering a just and equitable society.
• Directive Principles of State Policy (Articles 36-51): Outline the state’s responsibility to promote social and economic welfare, reflecting the ideal of a just society.
• Fundamental Duties (Article 51A): Emphasize the citizen’s responsibility to uphold constitutional values.
• Checks and Balances: The Constitution distributes power among different organs (legislature, executive, judiciary) to prevent concentration and ensure responsible governance.

Concepts Linked to Constitutional Morality

• Discretionary Power: When the Constitution grants discretionary powers, they must be exercised within the framework of constitutional principles, not arbitrarily.
• Non-discrimination: Constitutional morality demands equal treatment for all citizens, regardless of caste, religion, gender, etc.

Supreme Court’s Interpretation

Landmark judgments have highlighted the significance of constitutional morality:

• Naz Foundation v Government of NCT of Delhi (2009): Differentiated between public morality and constitutional morality. The Court ruled that constitutional values of liberty and equality should prevail over societal notions of morality.
• Krishnamoorthy case (2015): Emphasized that constitutional morality is essential for good governance.
• Union of India vs. Government of NCT of Delhi (2014): Stressed the importance of high-ranking officials adhering to constitutional values to prevent misuse of authority.
• Government of NCT of Delhi vs. Union of India (2018): Compared constitutional morality to a “second basic structure doctrine,” highlighting its role in curbing arbitrary state power.
• Navtej Singh Johar case (2018): Recognized the right to privacy and dignity for the LGBTQI+ community. Highlighted the role of constitutional morality in promoting a pluralistic and inclusive society, upholding the fundamental right to equality.
• Justice K S Puttaswamy case (2018): Upheld the validity of Aadhaar with restrictions, showcasing the Court’s role in checking executive overreach through the lens of constitutional morality.
• Joseph Shine v. Union of India (2018): The judgment emphasized that constitutional morality should guide the law, prioritizing equality, non-discrimination, and dignity.

Significance of Constitutional Morality

• Upholding Fundamental Rights: It ensures that the government doesn’t infringe on individual rights guaranteed by the Constitution.
• Promoting Good Governance: It fosters responsible decision-making by state institutions, preventing arbitrary actions.
• Ensuring Rule of Law: It emphasizes the supremacy of the Constitution and the principle that everyone, including the government, is subject to its laws.
• Building a Just Society: It promotes social justice and equal treatment of all citizens.
• Preserving Democratic Values: It safeguards the core principles of democracy, like liberty, equality, and individual dignity.

Challenges to Constitutional Morality

• Subjectivity: There can be disagreements on how to interpret constitutional principles, leading to potential misuse.
• Lack of Enforcement Mechanism: No specific body enforces constitutional morality, relying on the judiciary to uphold it through interpretation.
• Majoritarian vs. Constitutional Values: Balancing the will of the majority with upholding fundamental rights enshrined in the Constitution can be challenging.