CONSTITUIONAL MORALITY


Author: Shagun Kothari, Maharashtra National Law University, Nagpur

To the Point

This article discusses the legal framework and judicial decisions relevant to the doctrine of “Constitutional Morality” in the Indian context. Constitutional morality, as a guiding principle for the realization of constitutional values, stresses the need to uphold the very essence of the Constitution rather than succumbing to transient majoritarian sentiments. The article explores its historical development, landmark court decisions, and the balance between individual rights and social mores, thus providing an all-encompassing understanding of its importance in the democratic structure of India.

Legal Jargons: –

Supremacy of the Constitution: The Constitution represents the paramount legal authority, taking precedence over other statutory provisions or practices.
Judicial Scrutiny: The authority of judicial bodies to assess the constitutionality of actions undertaken by legislative and executive branches.
Transformative Constitutionalism: The concept that the Constitution seeks to effect societal transformation by promoting equality, justice, and freedom.
Societal Morality vs. Constitutional Morality: Societal morality is based on the norms of tradition, whereas constitutional morality is in line with constitutional values.


The Proof: –

Protection of Fundamental Rights: It gives primacy to individual rights over the wishes of the majority.
Equality and Non-Discrimination: Laws and practices conflicting with constitutional equality are deemed invalid.
Judicial Interpretation: Courts invoke constitutional morality to resolve conflicts between societal practices and constitutional principles.

Abstract: –
Constitutional morality is the adherence to the fundamental principles and values enshrined in the Constitution, including liberty, equality, and justice. It ensures that democratic processes are kept true to the spirit of the Constitution, thereby preventing aberrations that might occur due to populist or majoritarian pressures.
Essential Features
Protects basic rights from incursions by society or the majority.
Is a guiding principle for the interpretation of vague constitutional provisions.
Guarantees that governance is consistent with constitutional tenets, thereby advancing inclusivity and fairness.


Case Laws
Navtej Singh Johar v. Union of India (2018)
Decriminalized homosexuality under Section 377 IPC. Reinforced constitutional morality as a protector of individual dignity and equality.

Indian Young Lawyers Association v. State of Kerala (2018)
Allowed women of all ages entry into the Sabarimala temple. Established constitutional morality as a means to challenge discriminatory practices.

Shayara Bano v. Union of India (2017)
Instant triple talaq was held to be unconstitutional. The judgment highlighted the role of the principle in promoting gender justice.

Kesavananda Bharati v. State of Kerala (1973)
It laid down the foundation for the doctrine of the basic structure of the Constitution. It related the concept of constitutional morality to the protection of constitutional values.

Conclusion


Constitutional morality is a dynamic principle that fundamentally safeguards personal rights and guarantees that governance is strictly in conformance with constitutional standards. By this doctrine, the judiciary can balance societal conventions and constitutional demands to provide justice and equality. In fact, however, applying this doctrine requires strict balance whereby judicial overreach is avoided but social change is promoted in conformity with constitutional imagination.
As India constantly faces complex socio-legal problems, constitutional morality continues to be a vital part of its legal system, ensuring that transitory influences of society do not undermine the timelessness of the concepts of justice, equality, and liberty established under the Constitution.

FAQS

Q1. What is constitutional morality?
Constitutional morality is the dedication towards the ideals and values contained within the Constitution that further brings in justice, equality, and liberty within governance and societal activities.

Q2. In what sense does constitutional morality differ from societal morality?
Societal morality is founded on the prevailing customs and traditions, whereas constitutional morality is founded on the progressive values incorporated in the Constitution.

Q3. Can constitutional morality override religious practices?
It can, because where religious practices clash with the right to freedom or constitutional principles, constitutional morality is upheld, as in the judgments of Sabarimala and triple talaq.

Q4. What role does constitutional morality play in judicial interpretation?
It provides a normative framework in guiding courts’ interpretations of constitutional provisions and also resolve conflicts that exist between the society’s norms and the values as expressed in the constitution.

Q5. What is the significance of constitutional morality in a democratic set-up?
Constitutional morality ensures governance aligns to constitutional principles as it protects minorities and prevents excesses of majoritarianism.

Q6. Criticisms against constitutional morality?
Overreliance on constitutional morality has been criticized to have caused judicial overreach and reduced legislative and social autonomy.

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