[Model Answer QP2021 GS2] ‘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.
The doctrine of ‘Constitutional Morality’ refers to the concept of adhering to the core principles of a constitution, typically those principles that reflect fundamental values or the spirit of the constitution, like the rule of law, democracy, rights, and equality.
Constitutional morality is rooted in various facets of Indian constitution such as Preamble, Fundamental Rights, Directive Policies of State Policy and Fundamental Duties etc.
The Supreme Court has often referred to constitutional morality in its decisions, emphasising its significance. The relevant judicial decisions are
1. Navtej Singh Johar v. Union of India (2018): In this landmark case that decriminalized homosexuality in India, the Supreme Court highlighted the importance of constitutional morality. The court held that constitutional morality entails that the rights of even the ‘minuscule minority’ are as sacred as those of the dominant views. It played a pivotal role in emphasizing the supremacy of individual rights, equality, and dignity over societal morality.
2. Government of NCT of Delhi v. Union of India (2018): This case affirmed the importance of constitutional morality in upholding democratic values. The court observed that constitutional morality is not a natural sentiment and needs cultivated minds to appreciate it. Constitutional morality meant the adherence to principles which are the essence of the constitution – the principles of justice, liberty, equality and fraternity.
3. Indian Young Lawyers Association v. State of Kerala (2018): In this case, also known as the Sabarimala case, the Supreme Court held that constitutional morality is the fulcrum of the Constitution, implying that practices that violate it must not be preserved. In this instance, constitutional morality meant gender equality and non-discrimination.
4. K.S. Puttaswamy v. Union of India (2017): This is a landmark judgment in which the Supreme Court of India held that the right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21. The court observed that Constitutional morality requires the assurance of certain rights that are fundamental to the dignified and meaningful existence of individuals, irrespective of the moral views of the majority.
5. Shakti Vahini v. Union of India (2018): In this case, the Supreme Court was dealing with the issue of honor killings and the role of Khap Panchayats. The court noted that constitutional morality in a pluralistic society gave rights to each individual person including the right to choose their own partners without the interference from any third party. The court observed that the rule of law must be upheld and societal morality must yield to Constitutional morality.
6. Anuj Garg v. Hotel Association of India (2007): In this case, the constitutionality of a provision prohibiting women from working in establishments where liquor is served was questioned. The Supreme Court held the provision to be unconstitutional, observing that the state could not impose its moral perceptions on the society, particularly when society was trying to move away from such stereotypes.
Conclusion
In all these instances, the Indian Supreme Court reiterated that the morality of the Constitution – embodying principles of justice, liberty, equality and fraternity – must prevail over any perceived societal or public morality.
