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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.

Supreme Court Judgement related to Constitutional Morality

  • 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.
  • Tags :
  • 'Constitutional Morality
  • George Grote
  • Dr. B.R. Ambedkar
  • Justice K S Puttaswamy case (2018)
  • Societal Morality
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