Mains Marathon 2024

Approach Give a brief introduction to the doctrine of ‘Constitutional Morality’. Illustrate its application through relevant judicial decisions. Conclude Suitably.

Introduction

Constitutional morality implies a commitment to the values and principles of the constitution, fostering a democratic ethos and respecting the supremacy of the constitution. It requires all state actions to conform to the constitution's spirit and letter, ensuring that governance is carried out with integrity and respect for individual rights.

Body

Constitutional Morality in the Indian Constitution:

Though the term constitutional morality is not explicitly used in the Indian Constitution, it is deeply embedded in several of its sections:

• Preamble: It outlines the principles that underpin our democracy, including justice, liberty, equality, and fraternity.
• Fundamental Rights: It safeguards individuals’ rights against the arbitrary use of state power. Notably, the Supreme Court allows for the enforcement of these rights under Article 32.
• Directive Principles: They provide guidelines for the state to pursue the goals set by the constitution’s framers, drawing from Gandhian, socialist, and liberal intellectual philosophies.
• Fundamental Duties: Alongside their rights, citizens also have responsibilities to the nation.
• Checks and Balances: It includes judicial review of legislative and executive actions, legislative oversight of the executive, etc

Judicial Decisions Illustrating Constitutional Morality :

• Navtej Singh Johar v. Union of India (2018)
  • This landmark judgment decriminalized consensual homosexual acts between adults, overturning Section 377 of the Indian Penal Code.
  • The Supreme Court emphasized the constitutional values of equality, dignity, and privacy.
  • It held that societal morality cannot infringe upon constitutional rights, highlighting the need to uphold constitutional morality over majoritarian views.
• Indian Young Lawyers Association v. State of Kerala (2018)
  • Popularly known as the Sabarimala case, this decision allowed women of all ages to enter the Sabarimala temple, challenging the centuries-old tradition that restricted entry of women aged 10 to 50.
  • The Supreme Court ruled that the practice violated the constitutional principles of equality and non-discrimination.
  • It stated that constitutional morality mandates that practices rooted in discrimination and exclusion cannot be allowed.
• Joseph Shine v. Union of India (2018) :
  • This case struck down Section 497 of the Indian Penal Code, which criminalized adultery.
  • The Supreme Court held that the provision was archaic and violated the constitutional rights to equality and privacy.
  • The judgment emphasized that the law treated women as property of their husbands, which was against constitutional principles of gender equality.
• Government of NCT of Delhi v. Union of India (2018)
  • The Supreme Court underscored the importance of cooperative federalism and democratic governance.
  • It ruled that the Lieutenant Governor of Delhi must act on the aid and advice of the Council of Ministers of Delhi in most matters.
  • The court emphasized that constitutional morality requires a harmonious balance of power and respect for democratic institutions.

Conclusion

The doctrine of constitutional morality is pivotal in ensuring that the interpretation and application of constitutional provisions are aligned with the core values of justice, equality, and democracy. Judicial decisions like Navtej Singh Johar, Sabarimala, Joseph Shine, and the Delhi Government case illustrate the application of this doctrine, highlighting the judiciary's role in upholding constitutional principles and protecting individual rights against societal and institutional prejudices