In recent years, the term “constitutional morality” has become a central theme in discussions around Indian jurisprudence, governance, and societal values. Coined by Dr. B.R. Ambedkar, one of the chief architects of the Indian Constitution, the concept reflects the ethos, principles, and values enshrined in the Constitution. In many best colleges for law the knowledge related to basic principles of constitutional morality is delivered.
Meaning Of Constitutional Morality
Constitutional morality refers to adherence to the core principles of the Constitution, which include justice, liberty, equality, fraternity, secularism, and the rule of law. It is a guiding principle that ensures the actions of the government and individuals align with the values and spirit of the Constitution, rather than simply its written words.
Constitutional morality is more abstract than statutory laws, which are fixed and can be directly enforced. It demands respect for the Constitution’s values even when they conflict with certain social norms, beliefs, or practices. It aims to uphold the integrity of democracy and ensure the protection of individual rights.
Why Constitutional Morality Matters
Constitutional morality is essential for several reasons:
1. Safeguarding Democracy: It strengthens the democratic fabric of the nation by ensuring that governance is rooted in justice, equality, and respect for individual rights.
2. Promoting Social Justice: It protects minority rights and opposes discriminatory practices, even when they have social or religious acceptance.
3. Preventing Majoritarianism: Constitutional morality curbs the dangers of majority dominance in society, ensuring that laws and policies are designed to protect everyone, not just those in power or the majority.
4. Guiding Judicial Interpretation: It aids the judiciary in interpreting the Constitution in a way that upholds its core principles and values, especially in cases where statutory laws fall short of delivering justice.
The Evolution Of Constitutional Morality In India
The concept of constitutional morality has evolved through several landmark judgments, which have served to clarify and reinforce its significance:
1. Kesavananda Bharati Case: This case established the basic structure doctrine, holding that Parliament cannot alter the “basic structure” of the Constitution. Here, constitutional morality was implicitly invoked to preserve the Constitution's fundamental ideals against possible erosion by the state.
2. Naz Foundation Case: Although later overruled, this case initially decriminalized homosexuality under Section 377, arguing that the law must respect individual rights and dignity. This case highlighted the judiciary’s role in upholding constitutional morality over societal or religious opposition.
3. Navtej Singh Johar v. Union of India: In 2018, the Supreme Court ruled that Section 377 was unconstitutional concerning consenting adults, stating that constitutional morality is above societal morality. This judgment emphasized that individual rights and dignity are protected under the Constitution, regardless of prevailing social prejudices.
4. Sabarimala Case: In this case, the Supreme Court lifted the ban on the entry of women of menstrual age into the Sabarimala temple. The Court held that constitutional morality requires equal access to religious spaces, overriding social or religious practices that violate fundamental rights. The judgment sparked debates on constitutional morality versus religious morality, highlighting the tension between the two in a diverse society like India.
5. Right to Privacy: In Justice K.S. Puttaswamy v. Union of India, the Supreme Court ruled that the right to privacy is a fundamental right under Article 21. This case underscored constitutional morality by asserting that individual privacy and autonomy are protected from excessive state intrusion. These cases illustrate how constitutional morality can challenge long-standing social norms, religious practices, and even government policies to protect individual rights and maintain constitutional integrity.
Challenges In Upholding Constitutional Morality
Despite its importance, the concept of constitutional morality faces several challenges in India:
1. Conflicts with Social Morality: Constitutional morality often conflicts with social and religious norms that are deeply rooted in tradition. For example, cases like Sabarimala have highlighted the tension between religious practices and individual rights, sparking resistance from sections of society that see such rulings as interference with tradition.
2. Majoritarian Influence: In a democracy, the will of the majority often influences policy decisions. However, constitutional morality requires protecting the rights of minorities and vulnerable groups, sometimes going against popular opinion. This balancing act can be difficult, especially in cases where public opinion strongly favors a majoritarian approach.
3. Political and Judicial Independence: Ensuring that the judiciary and state functionaries are free from political pressure is essential to uphold constitutional morality. Political influence over legal decisions can erode the values of constitutional morality, resulting in judgments and policies that may not align with constitutional principles.
4. Lack of Public Awareness: For constitutional morality to thrive, there must be a broad-based understanding and respect for constitutional values among the public. Many people are unaware of the Constitution’s principles or the idea of constitutional morality, which can lead to misunderstandings or opposition to progressive legal rulings.
Role Of Constitutional Morality In Social Transformation
Constitutional morality is not just a legal concept; it plays a transformative role in social evolution. By prioritizing individual rights and human dignity, constitutional morality enables the legal system to address and reform unjust social practices. Some examples of this transformative role include:
1. Empowering Women and Gender Equality: Constitutional morality has driven judicial intervention in cases of gender discrimination, as seen in the decriminalization of adultery (Joseph Shine v. Union of India) and the removal of discriminatory practices in religious spaces like Sabarimala.
2. Protecting the Rights of LGBTQ+ Individuals: Rulings such as the decriminalization of Section 377 highlight the judiciary’s role in promoting constitutional morality over regressive social norms, ensuring the LGBTQ+ community’s rights to dignity, privacy, and equality.
3. Ending Caste-Based Discrimination: Constitutional morality demands that society move beyond caste-based prejudice and uphold the equality guaranteed under the Constitution. The judiciary’s interventions in cases of caste discrimination reflect this commitment.
Conclusion
Constitutional morality is the backbone of a vibrant and just democracy. It ensures that the rule of law prevails over social prejudices and that individual rights are protected against societal pressures or state overreach. For a country as diverse as India, constitutional morality is essential to balancing tradition with progress, individual rights with social harmony, and personal freedom with public welfare. In best colleges for law, many seminars are also organized in order to have discussions on various dimensions and approaches to constitutional morality.
Upholding constitutional morality is a continuous process that requires the judiciary, the government, and the public to align their actions with constitutional values. By fostering a culture of respect for the Constitution and its principles, India can advance toward a more just, equal, and humane society where everyone, regardless of background, enjoys their rights and freedoms to the fullest.
