Context:
• The editorial explores the concept of “Constitutional Morality”, tracing its philosophical roots, judicial evolution, and contemporary relevance in sustaining India’s constitutional democracy.
• It emphasizes that constitutional morality serves as a moral compass guiding constitutional actors and institutions in upholding justice, equality, and rule of law.
Key Highlights:
- Concept and Definition
- Constitutional morality refers to adherence to the core principles and values enshrined in the Constitution — including liberty, equality, fraternity, and justice.
- It signifies propriety of conduct among constitutional functionaries, ensuring that power is exercised within constitutional limits and in spirit of the Constitution, not merely its letter.
- Historical Evolution
- The term was first articulated by George Grote, describing citizens’ passionate attachment to constitutional principles in ancient Greece.
- Dr. B.R. Ambedkar, during the Constituent Assembly Debates, emphasized that constitutional morality is not innate but must be cultivated through education and civic consciousness.
- He warned that democracy in India would fail without constitutional morality, regardless of the soundness of constitutional design.
- Judicial Interpretations
- The Supreme Court of India has invoked constitutional morality in several landmark judgments:
- Manoj Narula vs Union of India (2014): Stressed ethical governance and accountability in political appointments.
- Justice K.S. Puttaswamy (Retd.) vs Union of India (2017): Linked constitutional morality with individual autonomy and privacy.
- Indian Young Lawyers Association (Sabarimala case, 2018): Interpreted it as equality and non-discrimination, superseding traditional morality.
- Courts have held that constitutional morality includes liberal values, tolerance, participative decision-making, and respect for human dignity.
- Ethical and Legal Dimensions
- The debate continues on the relationship between law and morality — whether laws should enforce moral values or merely reflect them.
- A breach of constitutional morality may not always be legally punishable but undermines constitutional conventions and democratic ethos.
- Modern Relevance
- In an era of social polarization, majoritarianism, and executive overreach, constitutional morality acts as a safeguard ensuring that constitutional guarantees translate into substantive justice.
- It demands continuous reinforcement among citizens, lawmakers, judges, and institutions.
elevant Mains Points:
- Significance:
- Ensures ethical governance, constitutional discipline, and accountability of public institutions.
- Prevents constitutional authoritarianism by promoting moral self-restraint.
- Challenges:
- Erosion of moral standards in politics.
- Conflict between popular morality and constitutional morality (e.g., gender equality vs religious practices).
- Weak civic education and declining respect for institutional propriety.
- Way Forward:
- Promote constitutional literacy and ethical leadership training.
- Strengthen institutional mechanisms to uphold checks and balances.
- Encourage judiciary and civil society to champion constitutional values over populism.