Subject: Indian Polity

'Constitutional Morality' has emerged as a cornerstone of India's constitutional jurisprudence, first articulated by Dr. B.R. Ambedkar during the Constituent Assembly debates, drawing from George Grote's concept of popular sovereignty based on freedom and self-restraint. This doctrine has evolved through various landmark judgments, becoming instrumental in safeguarding fundamental rights and constitutional values.

Key Elements of Constitutional Morality

• Democratic Values: Ensures adherence to principles of democracy, rule of law, and separation of powers.
• Fundamental Rights Protection: Safeguards individual liberties against majoritarian pressures and arbitrary state actions.
• Constitutional Supremacy: Upholds the primacy of constitutional principles over social or religious practices.

Landmark Judicial Decisions Shaping Constitutional Morality

• Kesavananda Bharati Case (1973):

  • Established the Basic Structure Doctrine.
  • Protected fundamental constitutional features from arbitrary amendments.
  • Reinforced constitutional supremacy over parliamentary sovereignty.

• Navtej Singh Johar Case (2018):

  • Decriminalized Section 377 of IPC.
  • Distinguished between constitutional and social morality.
  • Protected LGBTQ+ rights based on dignity and equality.

• Sabarimala Temple Case (2018):

  • Upheld women's right to enter religious places.
  • Prioritized constitutional values over religious practices.
  • Emphasized gender equality as a constitutional mandate.

Contemporary Applications and Significance

• Rights-based Approach:

  • Protects individual rights against discriminatory practices.
  • Ensures progressive interpretation of constitutional provisions.
  • Balances competing rights and interests.

• Governance Framework:

  • Guides administrative decision-making.
  • Promotes transparency and accountability.
  • Ensures adherence to constitutional principles in governance.

Constitutional morality has evolved as a powerful tool for constitutional interpretation, ensuring that the spirit of the Constitution prevails over regressive social practices. As demonstrated in cases like Joseph Shine v. Union of India (2018), which decriminalized adultery, it continues to serve as a beacon for progressive jurisprudence and social transformation, upholding the constitutional vision of an inclusive and egalitarian society.