Constitutional Morality – Meaning, Significance and Scope

One of the unique features of the Indian Constitution is that it includes rights for citizens and the people as a whole. These are called fundamental rights, including freedom of speech, religion, assembly, and property rights. All of these fundamental rights can be protected by Constitutional Morality – the idea that upholding these fundamental rights has value above and beyond personal interest and national security concerns.

Constitutional Morality:

According to our Constitution, we assert that there are laws and rights and that we uphold these rights not just because they are laws but because doing so is morally correct. So, Constitutional Morality refers to obeying the law for moral reasons as well as for legal reasons. The word constitution can be defined as a set of principles or rules that govern a nation or state. It refers to abiding by all those moral values which our Constitution provides. 

In India, for example, constitutional morality would include values such as equality, justice, and liberty. The responsibilities of upholding these values are incumbent on every citizen. For instance, when each citizen votes in an election or casts their vote in favour of certain legislation, they are upholding constitutional morality.

Constitutional Morality

Theoretical Foundations of Constitutional Morality:

The core concepts of constitutional Morality are freedom and self-control.

• Self-control is a requirement for the proper operation of the constitutional process.
• In the form of Directive Principles, part IV of the Indian Constitution is the wellspring of social welfare.
• Conflicts develop when Part IV is occasionally opposed to Fundamental Rights.
• While addressing these concerns in the Minerva Mills case, the Supreme Court emphasized the two’s harmonic composition in the real spirit of constitutional values.

The Various Indian Supreme Court’s Judgements on Constitutional Morality:

Various Supreme Court judgments have interpreted constitutional morality in different ways. In a judgment on Section 377 of the Indian Penal Code (criminalizing homosexual acts), Justice Nariman wrote that the moral policing entailed by Section 377 IPC cannot but be seen as unconstitutional. According to him, one who subscribes to constitutional morality would necessarily wish for equality and dignity for all citizens. He also wrote that to stigmatize or punish gay persons for being gay would violate their freedom of expression and their right to privacy. These are two rights guaranteed under Articles 19 and 21 respectively. 
In another judgement on Section 377, Chief Justice Misra argued that societal morality should be viewed in light of constitutional morality. Society may not yet accept homosexuality but the Constitution does. As long as homosexuals do not encroach upon other people’s rights, they should be allowed to do what they want. For instance, it is permissible for them to engage in consensual sexual relations with others of the same sex.

The Significance of Constitutional Morality According to the Indian Constitution:

The term ‘constitutional morality has been used in the Indian Constitution to describe the need for all citizens to uphold the values of the Constitution. This includes ensuring that everyone is treated equally, with respect and dignity. To uphold constitutional morality, we must always remember the principles of our Constitution and strive to keep them in our daily lives. We can do this by standing up against discrimination or injustice. We should also be prepared to defend our rights and those of others when necessary. It is also essential to vote during elections so that we can have a say in who governs us and what laws are passed. Finally, it is significant to take care of ourselves physically, mentally, and emotionally so that we can make healthy decisions that will be conducive to upholding the constitution.

Constitutional Morality’s Scope:

The Supreme Court has not precisely defined the depth and scope of constitutional Morality, leaving it up to subjective interpretations by individual judges. Critics further contend that the idea of constitutional Morality is just another chapter in the judiciary’s quest to usurp Parliament’s authority. Imposing Judicial Supremacy above parliamentary supremacy contradicts the fundamental premise of separation of powers. The justices’ overreach places constitutional Morality against social Morality.

How to Uphold Constitutional Morality:

1. Non-constitutional practices should be criticized:
   Speaking out against any conduct you believe is illegal or immoral under the law is vital. You function as a defender of constitutional ideals by defying tradition and seizing the moral high ground.
   For example, as a public worker, you notice that core constitutional rights (such as liberty and equality) are being infringed upon and decide to speak openly irrespective of the repercussions.
2. Educating the people on the significance:
   Only our views and actions in support of constitutional ideals are not sufficient. Our moral responsibility is to educate the people about the need to uphold these beliefs. This will be advantageous to our society in the long run.
   For example, programs in schools where youngsters are instructed to instill and implement constitutional ideals in their daily lives.
3. Constitutional Morality is protected by allowing constitutional principles to govern the Court’s judgment rather than popular Morality while reading the Constitution.
4. By identifying the meaning and bounds of constitutional Morality so that it is not employed in courts incorrectly and dangerously.
5. By committing to ideals such as constitutional supremacy, the rule of law, liberty, equality, a parliamentary system of government, self-control, and intolerance for corruption, among others.
6. Employing it as a decision aid when looking for constitutional meaning in circumstances where the language of the constitutional provision can be construed in many ways.

Way forward:

• Young officers have been witnessed retiring from duty to maintain ‘constitutional morality,’ which they claim is being breached.
• However, ‘constitution morality’ can be better protected by becoming a system member and promoting improvements rather than operating outside of it.

As a result, we may infer that sustaining “constitutional morality” is a vital element of our society and workplace. It requires the concerted efforts of all segments to make it feasible.