Indian Polity, TLP-UPSC Mains Answer Writing
Q. 3. ‘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. (150words, 10 marks)
Introduction
Constitutional morality refers to the commitment to uphold the core principles of the Constitution—justice, liberty, equality, and fraternity—beyond the literal interpretation of laws. It ensures governance guided by ethical reasoning and constitutional values.
Body
Constitutional morality is grounded in the core values of the Constitution.
- Preamble: It enshrines core ideals like justice, liberty, and equality that form the moral bedrock of the Constitution.
- Fundamental Rights: These ensure dignity and freedom through enforceable moral guarantees. Example: Articles 14, 19, and 21 uphold equality, liberty, and personal dignity Respectively.
- Directive Principles: They reflect moral goals for governance aimed at social justice and equity. Example: Articles 38, 39(b), and 41 promote welfare and fairness.
- Rule of Law: It ensures fairness and non-arbitrariness, forming a key ethical principle in governance. Example: Article 14 upholds equality before the law.
- Duties of Authorities: Constitutional posts imply accountability and restraint in public conduct. Example: Articles 75, 164, and 142 establish norms for responsible functioning.
- Separation of Powers: It prevents abuse by enforcing balance and institutional ethics. Example: Articles 50, 122, and 211 promote independent functioning.
Constitutional Morality Through Key Supreme Court Decisions
- Ensures Decentralisation and Cooperative Federalism Example: Lt. Governor of Delhi v. Union of India (2023) – The Court said that states must have real powers and coordination with the Centre is essential.
- Protects Individual Autonomy over Social Morality Example: Navtej Singh Johar v. Union of India (2018) – The Court decriminalised homosexuality, saying individual rights matter more than social norms.
- Upholds Equality over Religious Practices Example: Sabarimala Case (2018) – The Court allowed women into the temple, holding that equality is above religious customs.
- Strengthens Democratic Federalism Example: NCT of Delhi v. Union of India (2018) – The Court said elected governments must be respected and allowed to function.
- Rejects Patriarchy and Upholds Gender Equality Example: Joseph Shine v. Union of India (2018) – The Court struck down adultery law as it treated women unequally.
- Aligns Personal Laws with Gender Justice Example: Triple Talaq Case (2017) – The Court held that instant triple talaq was unconstitutional and unfair to women.
- Expands Freedoms in the Digital Age Example: Puttaswamy Case (2017) – The Court declared privacy a fundamental right in today’s digital world.
Conclusion
Constitutional morality ensures the spirit of the Constitution prevails over mere majoritarian rule. It upholds liberty, dignity, and justice as guiding principles in a diverse and evolving democracy.
