{"id":160139,"date":"2022-01-09T18:01:15","date_gmt":"2022-01-09T12:31:15","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=160139"},"modified":"2022-01-09T18:01:15","modified_gmt":"2022-01-09T12:31:15","slug":"answered-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-relev","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/answered-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-relev\/","title":{"rendered":"[Answered] Constitutional Morality\u2019 is rooted in the constitution itself and is founded on its essential facets. Explain the doctrine of Constitutional Morality\u2019 with the help of relevant judicial decisions."},"content":{"rendered":"

Constitutional morality means the adherence to the\u00a0norms of the Constitution\u00a0in a democracy. It is not just limited to following the constitutional provisions in their literal sense, but includes a commitment to an inclusive and democratic political process in which both individual and collective interests of the society are satisfied.\u00a0It requires a\u00a0practical percolation of values like sovereignty, social justice and equality in the realm of constitutional adjudication.\u00a0<\/span>\u00a0<\/span><\/p>\n

While the term \u2018Constitutional Morality\u2019 is not found in Indian Constitution, nevertheless\u00a0it is rooted in various facets of the constitution.<\/span>\u00a0<\/span><\/p>\n

    \n
  1. Preamble \u2013 Spells out\u00a0<\/span>values like justice, liberty, equality and fraternity\u00a0to be the foundation stones of our democracy.\u00a0<\/span>\u00a0<\/span><\/li>\n
  2. Fundamental Rights\u00a0\u2013 Protects the rights of individuals against\u00a0arbitrary\u00a0use of power by the State. Especially, Article 32 provides for enforcement of these rights in SC.\u00a0<\/span>\u00a0<\/span><\/li>\n
  3. Directive Principles\u00a0\u2013 Guidelines to the State to implement the\u00a0vision of the makers of the constitution. These include Gandhian, Socialist and Liberal-Intellectual directions.\u00a0<\/span>\u00a0<\/span><\/li>\n
  4. Fundamental Duties\u00a0\u2013 Citizens not only enjoy rights but have to fulfill certain duties\u00a0towards the nation.<\/span>\u00a0<\/span><\/li>\n
  5. Check and Balances\u00a0\u2013 like Legislative check on executive; judicial review of legislative and executive actions etc.\u00a0<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

    Constitutional Morality as per various\u00a0Supreme Court Judgements\u00a0<\/strong><\/p>\n

      \n
    1. Government of NCT of Delhi Vs. Union of India\u00a0\u2013\u00a0<\/span><\/b>All high functionaries need to follow constitutional morality\u00a0and protect the\u00a0<\/span>constitutional values spelt out by the Constitution. Constitutional Morality acts as check on arbitrary use of power\u00a0by high functionaries.<\/span>\u00a0<\/span><\/li>\n
    2. Navtej Singh Johar & Ors. Vs. Union of India<\/span><\/b>\u00a0\u2013 Supreme Court opined that Section 377 violates the right of members of the LQBTQI community on the bedrock of the principles enunciated in Articles 14, 19 and 21 of the Constitution [dignity of individuals]<\/span>\u00a0<\/span><\/li>\n
    3. Naz Foundation case<\/span><\/b>, the Supreme Court opined that only Constitutional Morality and not Public Morality should prevail<\/span>\u00a0<\/span><\/li>\n
    4. Justice K.S.\u00a0Puttaswamy\u00a0&\u00a0Anr. Vs. Union of India & Ors<\/span><\/b>. – SC upheld the constitutional validity of Aadhaar subject to certain limitations. Constitutional Morality ensures courts must neutralize the excesses of power by the executive and strike down any legislation or even executive action if it is unconstitutional.<\/span>\u00a0<\/span><\/li>\n
    5. Indian Young Lawyer’s Association v. State of Kerala [Sabrimala\u00a0Case]<\/span><\/b>– SC opined that constitutional morality which includes values like justice, liberty, equality and\u00a0fraternity ought\u00a0to be preferred over customary values, traditions and beliefs.\u00a0It allowed the entry of women into\u00a0sabrimala\u00a0temple irrespective of their ages.\u00a0[fighting perception, stereotype and\u00a0prejudices]<\/span>\u00a0<\/span><\/li>\n<\/ol>\n

      Constitutional morality is crucial for constitutional laws to be effective. Without constitutional morality, the operation of the constitution tends to become arbitrary, erratic and capricious.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

      Constitutional morality means the adherence to the\u00a0norms of the Constitution\u00a0in a democracy. It is not just limited to following the constitutional provisions in their literal sense, but includes a commitment to an inclusive and democratic political process in which both individual and collective interests of the society are satisfied.\u00a0It requires a\u00a0practical percolation of values like… Continue reading [Answered] Constitutional Morality\u2019 is rooted in the constitution itself and is founded on its essential facets. Explain the doctrine of Constitutional Morality\u2019 with the help of relevant judicial decisions.<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[9],"tags":[],"class_list":["post-160139","post","type-post","status-publish","format-standard","hentry","category-public","entry"],"jetpack_featured_media_url":"","views":{"total":479,"cached_at":"","cached_date":1700116854},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/160139","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=160139"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/160139\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=160139"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=160139"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=160139"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}