PLAGIARISM SCAN REPORT

Date 2022-01-29

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The Constitution of India, the supreme law of India was adopted on 26 November 1949 is. It was written over a course of
two years eleven months and 18 days by various eminent personalities of India who believed in India becoming a
sovereign and having its written law. It would not be fair to surmise the constitution as our written law as it is a living
document and spirit of the world’s largest democracy.

The doctrine of constitutional morality can be defined as consonance to the principles laid down in our honorable
constitution, which are justice, rule of law, upliftment of all, and no discrimination. It serves as a guide as to what kind of
behavior is expected from the citizens and various institutions of our country to resolve or reduce any conflicts that may
arise. In a sense, it transforms our constitution from mere text to the heart and soul of our legal system. It becomes a moral
compass for our judiciary. As the constitutional morality becomes the Ratio Decidendi for the judge’s decision. In this
sense, it becomes not a static or rigid concept but modifies with the evolving needs of society. Here, as an effect that not
only do laws change with the evolving society but society also adapts its norms and practices to suit the laws. B.R.
Ambedkar while drafting the constitution had stated its importance in meeting the needs of the citizens and removing
conflicts with changing mindsets. It is limited not just to the constitution but is present in every aspect of our lives from
equality of opportunity during admission and job interviews to freely being able to practice any occupation.

Even though the doctrine of constitutional morality is not explicitly mentioned in our constitution, it is one of the basic
frameworks on which laws and judicial decisions our country depend on and its significance cannot be denied. Judges and
legislatures throughout history have implemented this doctrine. The various landmark cases which form the existence of
our legal system derive validity from this doctrine. Definitely frequency of its usage has increased recently in recent years.

The basic essence of this principle can be found in various parts of our constitution like Fundamental Rights present in Part
III of the constitution from article 12 to 35, Directive Principles of State Policy in part IV of the constitution from article 36
to 51, fundamental duties in Article 51A in part IV-A of the constitution, and the preamble.

But this is not a new concept the basic idea was there even when the laws were unwritten. The basic function was to make
laws in consonance with the norms. But even when the laws have been codified the significance of constitutional morality
has not decreased. This assists the laws not being reduced to an abstract concept but rationally interpreting and amending
as the need arises. Some landmark cases helped in the formation of the doctrine. For example, in the largest bench of India
Keshvananda Bharti v State of Kerela (1973) , the principle was first applied. In this case, it was held that the basic structure
doctrine is an aspect of constitutional morality. The basic structure here implies a particular part that cannot be amended.
In S.P. Gupta v. Union of India (1981) also known as the First Judge Case found that violation of constitutional convention
would “be a serious breach of constitutional morality.”

Moving on in the journey to more recent cases, Navtej Singh Johar v Union of India (2018) is a prime example of this
principle, where the bench comprising of CJ Deepak Mishra stated that the importance of constitutional morality over the
majoritarian views and has struck down the objectionable part of Article 377. It violated the very right of life under article
21 and Article 14 of a section of society, and our honourable courts took cognizance of that. The views of the minority
section of our society were recognized and a successful attempt was made to make our society more inclusive. Even in
Sabrimala judgment i.e., Indian Young Lawyers Association & Ors. v. State of Kerala & Ors(2018) . The Supreme court took
cognizance of the fact that the age-old religious practice of not allowing women of menstruating age is discriminatory and
goes against the very principles of our constitution i.e., the right to follow any religion of one’s discretion and no

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discrimination based on sex. In this case law as well, constitutional morality was given more importance than social
morality. We can say the tradition of this doctrine is continued even before the inception of the constitution, but its usage
has recently increased, particularly in the year 2018.

The Judiciary of our country is always on its toes to weed out practices existing against the conscience of our constitution
and maintain a system of checks and balances so that the idea of our forefathers while drafting the constitution remains in
practice. This removes the possibility of absolute power by the sovereign. This also maintains the general public’s trust in
various institutions of public importance. This is the very principle that constitutional morality elucidates.

Although some argue that giving this power in hands of individual judges dishevels the balance of power and it tilts more
towards the judiciary than with the legislature and executive. This also makes the field of law more subjective. But at the
same time, its importance in legal rules and procedures cannot be denied. It creates an environment for freedom and
rightful restraints wherever it is rightfully required. This helps in the sustenance of laws not as mere words put together but
as a living and breathing document acknowledging India’s dynamic and diverse citizens.

It is high time now that the individuals realize that it is not just the duty of the judiciary or state to uphold this doctrine, but
their duty as well. It will help in the holistic development of society, vis-a-vis the increasing development at economic,
social, and political domains.

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