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. UPSC CSE 2021 GS Paper 2
Answer -
Constitutional morality, in the Indian context, refers to the adherence and respect for the principles, values, and ideals enshrined in the Constitution of India. The Constitution of India, adopted on January 26, 1950, is the supreme law of the land and serves as the guiding document for the functioning of the country's government and its institutions.
Constitutional morality encompasses the following key aspects:
1. Respect for the Constitution: It entails accepting the Constitution as the ultimate authority and recognizing it as the foundation of India's democratic and legal system.
2. Commitment to Fundamental Rights: Constitutional morality emphasizes the protection and promotion of fundamental rights guaranteed to the citizens, such as the right to equality, freedom of speech, right to life, and so on.
3. Rule of Law: It upholds the idea that all individuals, including government authorities, are subject to the law and must abide by its principles and decisions.
4. Separation of Powers: Constitutional morality advocates for the clear separation of powers among the three branches of the government - the legislature, the executive, and the judiciary. Each branch has its defined roles and responsibilities, and they must function independently while maintaining a system of checks and balances.
5. Inclusivity and Social Justice: The Indian Constitution is committed to ensuring social justice and inclusivity for all citizens, especially those belonging to marginalized and disadvantaged communities. Constitutional morality urges the government and society to work towards the welfare of all citizens, irrespective of their background.
6. Safeguarding Democracy: Constitutional morality emphasizes the importance of democratic principles, such as free and fair elections, transparency, and accountability, to uphold the democratic fabric of the nation.
7. Secularism: The Indian Constitution enshrines secularism, which means that the state remains neutral concerning religious beliefs and treats all religions equally.
8. Amendability of Constitution: Constitutional morality recognizes that the Constitution is not immutable and provides mechanisms for its amendment. However, such changes should be made in a thoughtful and democratic manner without compromising the core values of the Constitution.
Constitutional morality is not only about what is written in the Constitution but also about the interpretation and implementation of its provisions by various branches of the government, public institutions, and citizens. It acts as a guiding principle to ensure that the democratic and secular character of the Indian state is upheld, and the rights and liberties of citizens are protected.
There were several important judicial decisions in India where the doctrine of constitutional morality was invoked. It's important to note that the legal landscape is dynamic, and new cases and judgments may have emerged since then. Here are some notable cases:
1. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): In this landmark case, the Supreme Court of India upheld the right to privacy as a fundamental right under the Indian Constitution. The court recognized that the right to privacy is an essential aspect of personal liberty and human dignity, which are part of the constitutional morality.
2. Navtej Singh Johar v. Union of India (2018): The Supreme Court, in this case, decriminalized consensual same-sex relationships, effectively striking down Section 377 of the Indian Penal Code. The court held that the criminalization of homosexuality violated the principles of dignity, equality, and non-discrimination, which are integral to constitutional morality.
3. Shayara Bano v. Union of India (2017): In this case, the Supreme Court declared the practice of "Triple Talaq" (instant divorce) among Muslims as unconstitutional, stating that it violated the principles of gender justice and equality enshrined in the Constitution.
4. Justice K.S. Puttaswamy (Retd.) v. Union of India (Aadhaar Case - 2018): In this case, the Supreme Court upheld the constitutionality of the Aadhaar Act but also recognized the right to privacy as a fundamental right. The court emphasized that the government's actions and policies regarding the collection and use of Aadhaar data should be guided by constitutional morality, ensuring that individual privacy is protected.
5. Common Cause v. Union of India (2018): The Supreme Court upheld the legality of passive euthanasia and the right to execute a "living will" in certain medical conditions. The court invoked constitutional morality by recognizing an individual's right to die with dignity, which includes the right to refuse medical treatment under specific circumstances.
6. Justice Karnan's Contempt Case (2017): In this case, the Supreme Court sentenced Justice C.S. Karnan, a sitting judge of the Calcutta High Court, to imprisonment for contempt of court. The court emphasized that constitutional morality required obedience to judicial orders and the respect for the judicial process.
7. Indian Young Lawyers Association v. State of Kerala (2018): The Supreme Court held that the prohibition of women’s entry into the Sabarimala temple violated the constitutional morality of gender justice, equality, and dignity
These cases highlight how the doctrine of constitutional morality has been invoked by the Indian judiciary to protect fundamental rights, promote social justice, and strike down laws or practices that are inconsistent with the core values of the Indian Constitution.