Source: The post “Contours of Constitutional Morality” has been created, based on “Contours of Constitutional Morality” published in “The Hindu” on 27 October 2025. Contours of Constitutional Morality.
UPSC Syllabus: GS Paper -2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Context: Constitutional morality in India ensures that governance adheres to constitutional values rather than majoritarian views or political interests. It protects fundamental rights, maintains institutional balance, and prevents arbitrary use of power. Growing judicial reliance on this principle highlights the need for continuous civic awareness to uphold democratic integrity.
Meaning and Key Elements
- Constitutional morality refers to the obligation to uphold the values, principles, and spirit enshrined in the Constitution while functioning within a democratic framework.
- Constitutional morality ensures that the Constitution remains the supreme guiding force above individual or majoritarian preferences.
- It includes an unwavering commitment to fundamental rights, the rule of law, and institutional checks and balances.
- It demands that governance protect equality, liberty, justice, participation, and human dignity for all individuals.
- It involves adherence not only to written constitutional provisions but also to conventions and ethical conduct that preserve democratic functioning.
Judicial Interpretation
- The Supreme Court has clarified that constitutional morality must prevail over social or popular morality, particularly when fundamental rights are at stake.
- In the Navtej Singh Johar case, the Court held that criminalising same-sex relationships violated constitutional morality by undermining dignity and equality.
- In the Joseph Shine case, the Court struck down the adultery law because it treated women as property, which conflicted with constitutional values.
- Courts have invoked constitutional morality to prevent misuse of power by political authorities, such as in R. Kapur v. State of Tamil Nadu, where eligibility for constitutional office was tested against constitutional norms.
- Judicial decisions repeatedly emphasise that constitutional principles must guide decision-making in governance, even when public opinion differs.
Challenges
- The rise of majoritarian politics poses a threat to constitutional morality by prioritising popular sentiment over constitutional safeguards.
- A lack of civic understanding about constitutional values weakens public commitment to constitutional governance.
- Political actors sometimes use constitutional rhetoric selectively to justify actions that actually undermine constitutional principles.
- Institutional independence is often challenged by executive dominance, which disrupts constitutional balance.
Way Forward
- India needs continuous civic education to nurture respect for constitutional ideals among citizens and leaders.
- Strong and autonomous institutions must be protected so that checks and balances function effectively.
- Lawmakers and public authorities must discharge their duties strictly in accordance with constitutional obligations rather than partisan interests.
- Judicial vigilance must continue to protect rights and prevent violations of constitutional morality.
- The cultivation of constitutional morality must become a sustained effort to ensure that democratic norms do not erode over time.
Conclusion: Constitutional morality is essential for protecting democratic values and ensuring that governance remains anchored in justice, equality, liberty, and dignity. A society that consistently follows constitutional morality strengthens constitutional democracy and prevents the arbitrary or oppressive exercise of power. The continuous reinforcement of constitutional morality is critical to safeguarding the future of India’s constitutional system.
Question: Constitutional morality must act as a safeguard against the tyranny of the majority and arbitrary use of state power.” Discuss with suitable judicial illustrations.
