Question

‘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.

Answer 1

The doctrine of "Constitutional Morality" refers to the adherence to the core principles and values enshrined in the Constitution. It implies a commitment to uphold the rule of law, democracy, liberty, equality, and justice, ensuring that the functioning of the State and its institutions aligns with the constitutional ethos. The concept serves as a guiding principle for interpreting the Constitution and maintaining the sanctity of democratic governance. Below is an explanation of the doctrine of Constitutional Morality, supported by relevant judicial decisions.

Core Principles of Constitutional Morality

1. Adherence to Constitutional Values:

   • Constitutional Morality demands that actions and policies of the State reflect the fundamental values embedded in the Constitution, such as justice, liberty, equality, and fraternity.

2. Respect for Democratic Institutions:

   • It involves maintaining the sanctity of democratic institutions and processes, ensuring that governance is conducted within the constitutional framework.

3. Protection of Fundamental Rights:

   • The doctrine emphasizes the protection and promotion of fundamental rights, preventing any arbitrary or discriminatory actions that infringe upon individual freedoms.

4. Promotion of Social Justice:

   • It calls for active efforts to address social inequalities and promote justice, ensuring that the marginalized and disadvantaged are not left behind.

Judicial Interpretation of Constitutional Morality

1. Naz Foundation v. Government of NCT of Delhi (2009)

• Context: This case challenged the constitutionality of Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts.
• Judgment: The Delhi High Court read down Section 377, holding that it violated the right to equality and dignity under Articles 14, 15, and 21. The Court emphasized that Constitutional Morality requires upholding the dignity and rights of all individuals, regardless of sexual orientation.
• Significance: The judgment highlighted the role of Constitutional Morality in protecting minority rights and promoting social justice.

2. NCT of Delhi v. Union of India (2018)

• Context: This case dealt with the division of powers between the Delhi government and the central government.
• Judgment: The Supreme Court ruled that the Lieutenant Governor must act on the aid and advice of the Delhi Council of Ministers, except in matters where he is required to act in his discretion. The Court stressed that Constitutional Morality demands respect for democratic principles and the federal structure.
• Significance: The decision reinforced the importance of cooperative federalism and the autonomy of elected governments within the constitutional framework.

3. Sabarimala Temple Entry Case (Indian Young Lawyers Association v. State of Kerala) (2018)

• Context: The case challenged the prohibition on the entry of women of menstruating age into the Sabarimala Temple.
• Judgment: The Supreme Court held that the practice violated the right to equality and religious freedom under Articles 14, 15, 17, and 25. The Court emphasized that Constitutional Morality transcends societal norms and traditions that perpetuate discrimination.
• Significance: The ruling underscored the principle that Constitutional Morality must guide the interpretation and application of fundamental rights, even in matters of religious practice.

4. Navtej Singh Johar v. Union of India (2018)

• Context: This landmark case revisited the issue of Section 377 of the IPC, previously discussed in the Naz Foundation case.
• Judgment: The Supreme Court decriminalized consensual homosexual acts, affirming that Constitutional Morality demands the protection of individual autonomy and the right to live with dignity.
• Significance: The judgment reiterated that societal morality cannot trump constitutional rights, emphasizing the role of the judiciary in upholding Constitutional Morality.

5. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)

• Context: This case examined the right to privacy as a fundamental right under the Constitution.
• Judgment: The Supreme Court unanimously recognized the right to privacy as intrinsic to life and liberty under Article 21. The Court emphasized that Constitutional Morality requires protecting individual privacy against state intrusion.
• Significance: The ruling highlighted the importance of Constitutional Morality in safeguarding fundamental rights against arbitrary state action.

Conclusion

The doctrine of Constitutional Morality is integral to the functioning of a constitutional democracy. It serves as a guiding principle for interpreting the Constitution and ensuring that laws and governance align with its core values. The judiciary has played a pivotal role in applying this doctrine to protect individual rights, promote social justice, and uphold the rule of law. Through various landmark judgments, the courts have reinforced the idea that Constitutional Morality must prevail over societal norms and practices that undermine the principles of equality, liberty, and justice. As India continues to evolve, the doctrine of Constitutional Morality will remain crucial in guiding the nation towards a more just and equitable society.