Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy.
As per George Grote, it involves
Paramount reverence for forms and procedures of the Constitution.
Adherence to law while enabling open criticism of authority.
Need for public reason, self-restraint, and trust in institutions.
Essential Facets and Roots within the Constitution
Preamble – It acts as the moral compass, explicitly mandating the preservation of justice, liberty, equality, and fraternity.
Fundamental Rights – Protect dignity, autonomy, equality. Eg – Navtej Johar (2018) decriminalised homosexuality.
DPSPs – Provide moral compass for social and economic justice.
Institutional Checks & Balances – Separation of powers, judicial review, federalism. Eg – Kesavananda Bharati (1973) upheld Basic Structure.
Democratic Processes – Free elections, executive accountability, judicial independence.
Judicial Decisions
Kesavananda Bharati (1973)- Upheld Basic Structure as a reflection of constitutional morality above political majority.
Naz Foundation (2009, Delhi HC)- Asserted constitutional morality over public morality in striking down Sec. 377 IPC (later affirmed in Navtej Johar).
Navtej Singh Johar (2018)- SC decriminalized homosexuality, stating constitutional morality must prevail over majority opinion.
Sabarimala case (2018)- Affirmed women’s entry in temples on grounds of constitutional morality and gender equality.
Government of NCT of Delhi v. Union of India (2018) – SC held that constitutional morality ensures cooperative federalism and prevents concentration of power in the hands of one authority.
Joseph Shine v. Union of India (2018) – struck down Section 497 IPC (Adultery) as discriminatory, invoking constitutional morality to protect individual dignity and autonomy.
Constitutional morality is the soul of Indian democracy. As Rajeev Bhargava notes, it embodies a form of constitutional patriotism that enables unity in diversity while upholding pluralism