Constitutional morality implies adherence to the core principles and spirit of the Constitution in a democracy. In the words of Ambedkar, âConstitutional morality is not a natural sentiment. It has to be cultivatedâ.
George Grote, in his History of Greece, described constitutional morality as a ârare and difficult sentimentâ involving
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.
Other Pillars
Rule of Law – Eg- Article 14
Institutional Integrity – Eg- autonomy of EC, CAG
Progressive Interpretation – Eg- right to privacy
Equality and Dignity – Eg- Sabrimala Judgment
Constitutional Values – Upholding justice, liberty, equality, fraternity
Separation of Powers and Checks and Balances
Upholding constitutional morality
By Judiciary
Prioritizing Constitutional over Social Morality- Eg- Navtej Singh Johar case
Protecting Dissent and Liberty- Eg- upholding “Bail is the rule, Jail is the exception.”
Ensuring procedural fairness – Following due process and natural justice.
By Legislature
Debate and Deliberation- Eg- mandatory referral of bill to Parliamentary committee (UK Model)
Inclusive Law-making to protect the interests of the marginalized. Eg- Rights of Persons with Disabilities Act, 2016
Ensuring representation – Eg- Nari Shakti Vandan Adhiniyam, 2023
Social Reform through Legislation to rectify historical injustices. Eg- Triple Talaq Act
The Executive
Self-Restraint in Power- Eg- Following the S.R. Bommai guidelines to avoid the unnecessary imposition of Presidentâs Rule (Article 356).
Adherence to the “Rule of Law”- Eg- Strictly following the D.K. Basu guidelines to prevent custodial torture.
Public Administration
Anonymity and Neutrality- Providing “fair and fearless” advice to ministers
Practicing Compassion- Using “administrative discretion” to help the last person in the queue (Antyodaya). Eg- S. Shankaran in implementing the Bonded Labour Abolition Act
Transparency and Honesty- Proactive disclosure under the RTI Act.
By Citizens (The Sovereign)
Tolerance of Dissent- Respecting the right of others to have a different opinion, religion, or lifestyle.
Performing Fundamental Duties- Recognizing that rights come with responsibilities (Article 51A).
Active Participation- Eg- Participating in Gram Sabhas or city ward committee meetings
Constitutional morality serves as the “North Star,” ensuring that the ship of the state remains anchored in the values of human dignity and social justice.