Constitutional Morality

Constitutional morality, as defined by Dr. Ambedkar, encompasses the effective coordination and cooperation required to resolve conflicting interests among different individuals and groups. It emphasizes the importance of administrative cooperation in achieving ends without confrontations. Constitutional morality is considered to be a paramount reverence for the Constitution, providing a principled understanding of governance and accountability.

Supreme Court's Judgements and Constitutional Morality:

• Constitutional morality goes beyond a literal adherence to constitutional provisions. It is rooted in values such as individual autonomy, liberty, equality without discrimination, recognition of identity with dignity, and the right to privacy.
• The Supreme Court has played a significant role in upholding constitutional morality through its judgments. Notable examples include the Sabarimala verdict, which reinstated religious freedom and gender equality guaranteed under Articles 14, 21, and 25 of the Constitution.
• The Court struck down the practice of banning entry of women of a certain age to the Sabarimala temple in Kerala, deeming it unconstitutional.
• In other cases like Kesavananda Bharati, Naz Foundation, and Lt Governor of Delhi, the Court reiterated the importance of constitutional morality in limiting parliamentary power, distinguishing between constitutional and public morality, and preserving people's trust in democratic institutions.

Significance of Constitutional Morality:

• Constitutional morality ensures the establishment of the rule of law in the land and integrates the changing aspirations and ideals of society.
• It serves as a guiding principle for governance and accountability, allowing institutions to survive and operate in accordance with not just the text but the soul of the Constitution.
• Constitutional morality also holds governing institutions and representatives accountable to the people. By using laws and forms, constitutional morality can impact and change persisting social morality. For instance, legislation abolishing the practice of Sati granted widows the right to dignity and life, influencing societal perceptions of the practice.
• Constitutional morality recognizes and celebrates plurality and diversity in society, making individuals and communities more inclusive through constant improvement and reforms. Notably, in the Navtej Singh Johar case, the Supreme Court reaffirmed the rights of LGBTQ individuals and gender non-conforming people to their dignity, life, liberty, and identity.

Concerns:

• Despite its significance, constitutional morality has not been clearly defined by the Supreme Court, leaving room for subjective interpretation by individual judges. This lack of clarity can lead to varying interpretations and potential inconsistencies in its application.
• Some critics argue that the top-down approach to morality, as prescribed by constitutional morality, hinders the organic emergence of solutions to ethical problems in society.
• Additionally, there are concerns that the application of constitutional morality may violate the principle of separation of powers, as it establishes judicial supremacy over parliamentary supremacy.
• Critics argue that this goes against the fundamental principles of democratic governance.
• Some also claim that the doctrine of constitutional morality can lead to judicial overreach, pitting it against societal or popular morality.

Need to Uphold Constitutional Morality:

• To uphold constitutional morality, it is crucial to emphasize the central elements of freedom and self-restraint. Self-restraint is considered a precondition for maintaining freedom under a proper constitutional government.
• The constitutional methods outlined in the Constitution must be utilized to achieve social and economic objectives, ensuring that governance aligns with constitutional ideals.
• Creating awareness among the general public about their rights protected by the Constitution is essential to promote constitutional morality. This can be done through educational initiatives and outreach programs.
• Upholding constitutional morality also involves individuals following their Fundamental Duties while exercising their Fundamental Rights, recognizing the reciprocal relationship between rights and responsibilities.

Constitutional morality is a sentiment that needs to be cultivated in the minds of responsible citizens. Upholding constitutional morality is not solely the duty of the judiciary or the state, but also the responsibility of every individual. The preamble of the constitution explicitly reflects the desired society that can be realized through constitutional morality. The judiciary's progressive and monumental precedents, which have applied this doctrine, have played a crucial role in cases related to gender justice, institutional propriety, social upliftment, and countering majoritarianism. The cultivation of constitutional morality is vital for the principles of governance and accountability to thrive in society.

Probable Questions for UPSC mains Exam-

1. How does the recent judgment by the Allahabad High Court in the Kiran Rawat vs State of UP case impact constitutional morality and personal liberty, and what is its contradiction with Supreme Court precedents on fundamental rights in personal relations? (10 Marks,150 Words)
2. Why is the judgment of the Allahabad High Court in the Kiran Rawat vs State of UP case constitutionally unacceptable? Discuss its disregard for Supreme Court precedents, inclination towards social orthodoxy, and implications for individual autonomy and personal liberty. (15 marks,250 Words)

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