Constitutional morality refers to the unwavering commitment to the principles of the constitution like equality, freedom, secularism, social justice etc.
It includes two things- values explicitly mentioned in the constitution and conventions, protocols that govern decision making.
Dr. Ambedkar’s idea of Constitutional Morality:
Dr.Ambedkar believed that the central challenge in a democratic society is management of differences.
Four elements comprise his idea of constitutional morality:
- Self restraint is a precondition to any freedom.
- Respect to plurality in its widest form to thrive in India’s diversity.
- Rejection of single body’s claim to popular sovereignty, as the elected government doesn’t represent sole will of the people.
- Open culture of criticism, he believed that Parliament’s job is to question and not to be a mere representative of people’s will.
Dr. Ambedkar was a great supporter of constitutional morality and he opposed religion-based morality on grounds that it supported caste system.
Criticism of Constitutional Morality:
- Morality is a subjective component; it depends on the value system of each judge.
- It may counter the public morality. For example, Delhi High Court ruled in Naz foundation case that public morality is not a valid justification for restricting the fundamental right under Article 21.
- It makes the courts an anti-majoritarian institution.
However, Constitutional morality helps the cause of unpopular but progressive ideas such Decriminalisation of Section 377 and Sabarimala Case.
