Model Answer
0 min readIntroduction
‘Constitutional Morality’ is a dynamic doctrine that transcends mere legal formalism and embodies the values and principles underpinning the Indian Constitution. It signifies a commitment to the spirit of the Constitution, going beyond the literal interpretation of its text. Emerging from the landmark *Kesavananda Bharati v. State of Kerala* (1973) case, it has gained prominence in recent years, influencing judicial decisions on issues ranging from fundamental rights to social justice. The doctrine emphasizes the importance of upholding constitutional values like democracy, secularism, justice, and equality, even when they are not explicitly stated in a particular provision.
The Genesis and Evolution of Constitutional Morality
The seeds of ‘Constitutional Morality’ were sown in the *Kesavananda Bharati* case, where the Supreme Court propounded the ‘Basic Structure’ doctrine. While not explicitly termed ‘Constitutional Morality’ then, the idea of inherent, unamendable features of the Constitution laid the foundation. This implied that constitutional amendments, even with parliamentary approval, could be struck down if they violated these basic features.
Core Principles of Constitutional Morality
- Values Embedded in the Constitution: The doctrine emphasizes adherence to the values of liberty, equality, fraternity, and justice as enshrined in the Preamble and throughout the Constitution.
- Transformative Constitution: It recognizes the Constitution as a living document capable of evolving with societal needs and values. This allows for a progressive interpretation of constitutional provisions.
- Balancing Fundamental Rights and Directive Principles: Constitutional Morality necessitates a harmonious balance between Fundamental Rights (FRs) and Directive Principles of State Policy (DPSPs), recognizing that both are crucial for a just society.
- Respect for Dignity and Autonomy: It prioritizes the dignity of the individual and respects their autonomy, particularly in matters concerning personal liberty and privacy.
Judicial Pronouncements Illustrating the Doctrine
Navtej Singh Johar v. Union of India (2018)
In this landmark case, the Supreme Court decriminalized consensual homosexual acts, invoking ‘Constitutional Morality’ to strike down Section 377 of the Indian Penal Code. The court held that criminalizing same-sex relationships violated the fundamental rights to equality, dignity, and personal liberty, and was inconsistent with the evolving understanding of constitutional values.
Joseph Shine v. Union of India (2018)
The Supreme Court struck down Section 497 of the Indian Penal Code, which dealt with adultery, holding it to be discriminatory against women and violative of Article 14 (equality before the law). The court emphasized that the law perpetuated patriarchal notions and was incompatible with constitutional morality.
Indian Young Lawyers Association v. The State of Kerala (Sabarimala Temple Case, 2018)
The court allowed women of all ages to enter the Sabarimala Temple, stating that the restriction based on biological differences violated Article 14 and was against constitutional morality. The court emphasized that religious practices must be consistent with fundamental rights and constitutional values.
Criticisms and Challenges
Despite its significance, the doctrine of Constitutional Morality faces criticisms. Some argue that it is vague and subjective, potentially leading to judicial overreach. Others contend that it allows judges to impose their own moral views on society. Furthermore, defining the scope of ‘constitutional values’ remains a challenge, as interpretations can vary.
| Case | Key Issue | Application of Constitutional Morality |
|---|---|---|
| Kesavananda Bharati (1973) | Scope of Parliament’s amending power | Established the Basic Structure doctrine, laying the foundation for Constitutional Morality. |
| Navtej Singh Johar (2018) | Decriminalization of homosexuality | Section 377 struck down as violative of fundamental rights and inconsistent with evolving constitutional values. |
| Joseph Shine (2018) | Adultery law | Section 497 struck down as discriminatory and against constitutional morality. |
Conclusion
The doctrine of ‘Constitutional Morality’ represents a significant evolution in Indian constitutional jurisprudence. It underscores the importance of interpreting the Constitution not merely as a legal document, but as a living embodiment of the nation’s values and aspirations. While challenges remain in defining its scope and application, it serves as a crucial safeguard against arbitrary state action and promotes a more just and equitable society. Its continued relevance lies in its ability to adapt to changing social norms and uphold the fundamental principles of the Indian Constitution.
Answer Length
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