Days 02

90 Days Programme
(UPSC MAINS 2023)
2. ‘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 relevant judicial decisions.
Ans. Constitutional morality refers to adherence towards core principles of the constitutional values. It means to not
act in a manner that undermines the Rule of the law. Although the term is not mentioned explicitly in the
constitution, it is embedded into various facets of the constitution.

Draw a diagram of constitutional values – liberty, equality, unity in diversity, justice, , secularism,
republic, democracy.

 Preamble – by declaring the ideals and aspirations of the constitution it recognises the constitutional morality.
The preamble secures liberty of thoughts and expression, equality of status and opportunities, freedom of
religion and belief.
 Fundamental rights – by spelling out the right of an individual with respect to political and economic justice it
provides for constitutional morality and act against the arbitrary use of power of the state. For example – Right
to Life under Article 21.
 Directive principle – acts as guidelines to the state to implement the vision of the constitution and work in
accordance to constitutional morality. Example – Article 39A provides for free legal aid to the poor citizens of
India.
 Fundamental duties – were later added in the constitution and are significant for citizens as it prescribes duties
that must be fulfilled towards the nation. Example Article 51A (g) to protect and iprove the natural environment
including forests and wildlife.
 Separation of power – the three organs work on principle of separation of power and yet act as check and
balances against omission and commission of their respective functions.
 Judiciary – by delivering of justice to all the citizens. A citizen under Article 32 can seek for writ jurisdiction as
well in case of violation of fundamental rights.
Various Apex court judgements which defined constitutional morality
i. Navtej Singh Johar & Ors. Vs. Union of India – supreme Court struck down Section 377 of the IPC while
discussing the concept of constitutional morality. It held that any attempt to push a homogenous and standardised
principle throughout the society would violate the principle of ‘liberty’.
ii. In the Indian Young Lawyer’s Association case (2018), Supreme Court bypassed doctrine of essentiality (that
protects integral religious practises) in order to uphold constitutional morality.
iii. Justice K.S. Puttaswamy vs Union of India & Ors – validity of Aadhaar was upheld by Supreme court with
certain limitations.
 Government of NCT of Delhi Vs. Union of India – All higher functionaries were required to follow constitutional
values and avoid arbitrary use of power.
Thus, constitutional morality makes the constitution effective and tends to protect against abuse of power.