Indian courts interpret laws using constitutional morality

Source: The post Indian courts interpret laws using constitutional morality has been created, based on the article “Constitutional morality: the origins and nuances of the concept” published in “The Hindu” on 18th February 2025

UPSC Syllabus Topic: GS Paper2-Constitution of India —historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context: The article discusses how Indian courts use “constitutional morality” to interpret laws. It traces its origin to George Grote and Dr. Ambedkar. It emphasizes respecting constitutional rules while allowing critique, ensuring democracy functions with stability, fairness, and self-restraint.

For detailed information on Courts must be guided by constitutional morality read this article here

What is Constitutional Morality?

1. Constitutional morality is a concept used by Indian courts to interpret laws. It ensures that legal decisions follow constitutional principles rather than changing public opinions.
2. The Supreme Court used it in cases like Navtej Singh Johar v. Union of India (2018) and Joseph Shine v. Union of India (2018).
3. It is seen as a safeguard against changing public morality but also criticized as a powerful tool that may override majority opinion.

For detailed information on Constitutional morality read this article here

Where Did the Concept Come From?

1. The concept of constitutional morality was introduced by British historian George Grote in his book A History of Greece.
2. He used it to explain why Athenian democracy succeeded.
3. Grote defined it as a deep respect for constitutional rules and procedures.
4. He argued that strong rules alone are not enough; people must also trust and follow the system.

How Did Dr. Ambedkar Interpret Constitutional Morality?

1. Dr. B.R. Ambedkar used the concept while drafting the Indian Constitution.
2. In his speech The Draft Constitution(November 4, 1948), he said constitutional morality is not natural in society. It must be taught and spread.
3. He warned that the Constitution could be misused if government actions do not match its spirit. 4. He emphasized self-restraint in governance to protect democracy.

How Should Constitutional Morality Work in Practice?

1. Constitutional morality means following rules even when they do not benefit a particular group.
2. It ensures that people respect constitutional processes while allowing reforms.
3. It helps in handling differences through agreed procedures, not emotions.
4. Unlike Jürgen Habermas’ constitutional patriotism, which links democracy to shared national values, constitutional morality focuses on following legal procedures.

Why Is Constitutional Morality Important Today?

1. In modern debates, constitutional morality helps balance stability and change.
2. It prevents extreme views from controlling democracy.
3. The Indian Constitution was created to provide a stable system.
4. Following constitutional morality ensures respect for rules while allowing improvements when needed.

Question for practice:

Discuss how Indian courts use the concept of constitutional morality to interpret laws and maintain democratic stability.