'Constitutional Morality' essential to India's diversity: CJI

Posted 01 Jul 2024

2 min read

Constitutional morality entails adherence to constitutional norms that enable the practice of the Constitution not only in letters but also in spirit.
- It goes beyond the literal interpretation to encompass a commitment to constitutional values such as sovereignty, social justice, and equality.
British historian George Grote first coined the term.
- He emphasised the balance between freedom and restraint, where citizens obey constitutional authorities but also have the freedom to criticize them.
According to Dr. B.R. Ambedkar:
- Constitutional morality is necessary for the peaceful working of a democratic Constitution. However, it is not a natural sentiment. It has to be cultivated.
- A strong nexus exists between the form of administration and the form of the Constitution.
  - Thus, it is possible to undermine the Constitution, without changing its form by merely changing the form of the administration and making it inconsistent with the spirit of the Constitution.
    - Therefore, he favoured prescribing forms of administration in the Constitution itself.

Some constitutional provisions related to Constitutional Morality

Fundamental Rights: Individuals’ rights against the arbitrary use of state power.
Fundamental Duties: Citizens have responsibilities to the nation.
Separation of power: Judicial review of legislative and executive actions, legislative oversight of the executive, etc.

Krishnamoorthy case (2015): Court emphasised that constitutional morality is essential for good governance.
Justice K S Puttaswamy case (2018): Court reiterated its duty to uphold constitutional morality by nullifying any law or executive action that contravenes the constitution.
Navtej Singh Johar Case (2018): While striking down Section 377 of the IPC, the Court emphasizing constitutional morality over societal morality.

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