UPSC Relevance
- GS Paper 2: Constitutional values, separation of powers, judiciary’s role.
- GS Paper 4: Ethics in governance, moral integrity, values-based leadership.
- Essay Paper: Democracy, morality, justice, and rule of law in India.
Why in News
The idea of constitutional morality has gained renewed attention through landmark Supreme Court judgments such as Navtej Singh Johar (2018), Sabarimala (2018), and Puttaswamy (2017).
These cases reaffirm that democracy is not just about elections but about governing within the moral and ethical limits of the Constitution.
As India faces increasing institutional and social challenges, this concept has become central to ensuring justice, equality, and constitutional governance.
Background: Origin and Evolution
The term constitutional morality was first used by historian George Grote in History of Greece (1846). He said citizens must have a “passionate attachment” to their Constitution — respecting its forms and values even during political disagreements.
Dr. B.R. Ambedkar later invoked this idea during the Constituent Assembly Debates to stress that:
“Constitutional morality is not a natural sentiment. It has to be cultivated. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.”
Ambedkar’s warning remains relevant today — true democracy depends not only on constitutional text but on ethical conduct by citizens, lawmakers, and institutions.
Understanding the Concept
Constitutional morality means adhering to the spirit and principles of the Constitution rather than merely its literal text.
It demands that those who exercise power — whether politicians, judges, or citizens — must act fairly, justly, and within constitutional boundaries.
Key Elements
- Rule of Law:
Everyone is subject to the Constitution — no one is above it.
Example: The disqualification of convicted legislators upholds constitutional accountability. - Institutional Integrity:
Each organ of the state must work within its powers.
Example: Judicial independence through the collegium system ensures autonomy. - Dignity and Equality:
Protecting minorities and weaker sections from majoritarian dominance.
Example: Navtej Johar judgment decriminalised homosexuality, affirming dignity and equality. - Tolerance and Dialogue:
Encouraging healthy dissent and public reasoning.
Example: Shreya Singhal vs. Union of India (2015) upheld free speech as a constitutional value.
Philosophical and Comparative Insights
The connection between law and morality has long fascinated thinkers. In the 1960s, the Hart–Devlin debate explored whether law should enforce moral values.
- Lord Devlin believed law must uphold society’s moral fabric.
- H.L.A. Hart argued that enforcing morality through law can suppress individual liberty.
The Indian Constitution balances both views — it incorporates moral values like equality and justice, yet protects personal freedoms from moral policing.
Example:
- Law leads morality in abolishing untouchability — even before social acceptance.
- Morality leads law in gender equality, where social norms slowly inspire legal reforms.
Thus, constitutional morality is a living bridge between moral conscience and legal authority — ensuring the law remains humane, inclusive, and progressive.
Judicial Interpretation: The Courts’ Role
The Supreme Court has progressively shaped the meaning of constitutional morality:
- Sabarimala Case (2018): Declared that public morality must be subordinate to constitutional morality, striking down gender-based exclusion.
- Manoj Narula vs. Union of India (2014): Urged political leaders to act within ethical bounds, though left enforcement to political wisdom.
- K.S. Puttaswamy (2017): Linked privacy and dignity to constitutional morality, asserting that the state must respect moral limits in governance.
- State (NCT of Delhi) vs. Union of India (2018): Expanded it to include values like cooperation, respect for institutions, and collective responsibility.
Through these cases, the Court clarified that constitutional morality sets ethical standards for all constitutional actors — though not every breach is legally punishable, it carries moral and political consequences.
Institutional Accountability and Constitutional Morality
Constitutional morality also defines how institutions must behave within a democracy.
It promotes mutual respect, transparency, and cooperative federalism among different branches of government.
Example: In State (NCT of Delhi) vs. Union of India (2018), the Supreme Court emphasised that the Centre and Delhi Government must work in a spirit of collaboration, not confrontation — a reflection of constitutional morality.
However, recent friction between the Judiciary and Executive, or Governor and State governments, shows the erosion of this cooperative ethos.
For democracy to function smoothly, institutional morality must complement individual morality.
Challenges in Practising Constitutional Morality
- Ambiguity in Definition: Courts have interpreted it differently, leading to inconsistency.
- Judicial Overreach: Excessive use of moral reasoning risks substituting judicial views for democratic debate.
- Political Expediency: Leaders often prioritise vote-bank politics over constitutional values.
- Social Hierarchies: Casteism, patriarchy, and intolerance prevent citizens from internalising equality and justice.
- Erosion of Institutional Trust: Frequent power tussles weaken the moral core of constitutional functioning.
Example: Ambedkar’s warning about India’s “undemocratic soil” reflects how deep-rooted biases still obstruct constitutional ethics.
The Way Forward
- Civic Education: Teach constitutional values like liberty, equality, and fraternity at school and community levels.
- Ethical Leadership: Political leaders must model constitutional behaviour, promoting integrity over populism.
- Judicial Restraint: Courts should interpret constitutional morality carefully, avoiding legislative overreach.
- Institutional Strengthening: Ensure independence of Election Commission, CAG, and Judiciary to maintain checks and balances.
- Citizen Responsibility: A democratic culture grows when citizens practice tolerance, respect, and civic discipline.
Example: Social reforms like Swachh Bharat or Beti Bachao succeed only when citizens act morally, not just legally.
Conclusion
Constitutional morality is the conscience of the Indian Republic.
It transforms the Constitution from a legal document into a living moral guide for governance and citizenship.
Its strength lies in the people’s willingness to uphold justice and fairness even when unpopular.
As Ambedkar reminded,
“Democracy in India must rest on constitutional morality, not political convenience.”
Only then will India’s democracy become not a “top-dressing”, but a deep-rooted system of ethical governance and equal dignity for all.
UPSC MAINS PREVIOUS YEAR QUESTION-
Q.‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (150 words, 10 Marks)( 2021 UPSC)
UPSC Mains Practice Questions on ‘Constitutional Morality’
Q1. What do you understand by the term ‘Constitutional Morality’? How is it distinct from ‘Public Morality’ or ‘Social Morality’? Discuss its relevance in the context of modern democratic governance.(150 words, 10 marks)
Q2. “Constitutional Morality is the soul of the Indian Constitution.” Examine how the Indian judiciary has invoked this doctrine to uphold fundamental rights and constitutional values.
(250 words, 15 marks)