GS Question

The doctrine of ‘Constitutional Morality’ refers to the adherence to the principles and values enshrined in the Constitution. It is the belief that the Constitution should be interpreted and applied in a manner consistent with its underlying moral and ethical foundations. The doctrine recognizes that the Constitution is not merely a legal document but also a moral code that guides the functioning of the government and protects the rights and liberties of individuals.

The Supreme Court of India has emphasized the significance of ‘Constitutional Morality’ in several landmark decisions. One such case is the Kesavananda Bharati v. State of Kerala (1973) case. In this case, the court held that the constitutional amendments must pass the test of basic constitutional principles and values, which are rooted in ‘Constitutional Morality’. The court recognized that the Constitution contains certain core principles, such as the rule of law, equality, secularism, and democracy, which form the essence of ‘Constitutional Morality’.

Another important case that reflects the doctrine of ‘Constitutional Morality’ is Navtej Singh Johar v. Union of India (2018). In this case, the court decriminalized consensual homosexual activity by striking down Section 377 of the Indian Penal Code. The court held that the moral disapproval of a particular sexual orientation cannot be a valid ground for denying the constitutional rights of individuals. The judgment emphasized the importance of ‘Constitutional Morality’ in eliminating discrimination and upholding the dignity of all individuals.

Furthermore, in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), commonly known as the Aadhaar judgment, the court affirmed that ‘Constitutional Morality’ demands the protection of an individual's right to privacy. The court held that privacy is an inherent part of human dignity and personal autonomy, and therefore, any infringement on privacy must be justified by compelling state interest.

In all these cases, the Supreme Court has recognized that the Constitution cannot be interpreted in isolation from its moral and ethical foundations. The doctrine of ‘Constitutional Morality’ ensures that the law adheres to the principles enshrined in the Constitution and promotes a just and inclusive society. It serves as a guiding principle for the judiciary to interpret the Constitution in a manner consistent with its underlying values and to protect the rights and liberties of individuals.