Constitutional Morality

31.10.2025

1. Constitutional Morality

Definition

Constitutional morality refers to the ethical principles and values that guide the functioning of constitutional institutions and actors. It ensures that power is exercised with restraint, fairness, and fidelity to the spirit of the Constitution rather than for personal or political gain. It goes beyond mere legal compliance, demanding adherence to core constitutional values such as justice, liberty, equality, fraternity, and secularism.

Key Features

• Rule of Law: All authorities must operate within constitutional boundaries and principles of legality.
   
• Institutional Propriety: Public officials must uphold the dignity, independence, and conventions of constitutional offices.
   
• Respect for Dissent: Democratic virtues like tolerance, debate, and pluralism are promoted.
   
• Accountability: All exercises of power must be morally and legally defensible.
   
• Spirit over Text: Focuses on the ethical intent of constitutional provisions rather than literal interpretation.
   

Evolution and Judicial Interpretation

• Originating from historian George Grote, the idea of constitutional morality was adapted in India by Dr. B.R. Ambedkar, who stressed that democracy requires moral cultivation beyond law.
• Key Supreme Court judgments, including Manoj Narula (2014), Sabarimala (2018), Navtej Johar (2018), and the Right to Privacy case, have reinforced constitutional morality as a benchmark for governance and rights protection.
• The courts have emphasized that constitutional morality differs from popular or social morality, ensuring fundamental rights are upheld even against majority or traditional societal norms.

Dimensions of Constitutional Morality

• Institutional: Ensures mutual respect, restraint, and clearly defined roles among legislature, executive, and judiciary.
   
• Judicial: Judges interpret laws through moral reasoning rooted in constitutional values.
   
• Legislative: Legislators prioritize deliberation, inclusivity, and accountability over populism.
   
• Citizen: Civic morality, embracing diversity, rule of law, and rational discourse, is vital for a living Constitution.
   

Challenges

• Majoritarian Populism: Risks imposing societal morality over constitutional ethics.
   
• Political Disregard for Conventions: Weakens institutional balance.
   
• Judicial Overreach: May undermine separation of powers.
   
• Lack of Civic Education: Hinders moral internalization among citizens.
   
• Partisan Bureaucracy: Prioritizes political loyalty over constitutional values.
   

Way Forward

• Integrate constitutional literacy into education and public discourse.
   
• Institutionalize ethical leadership and integrity in governance and appointments.
   
• Establish ethics committees to monitor adherence to constitutional conventions.
   
• Courts provide moral guidance without usurping legislative authority.
   
• Encourage participatory democracy grounded in equality, empathy, and dialogue.
   

Conclusion

Constitutional morality is the soul of the Republic, transforming the Constitution from a legal document into a living moral covenant. As Ambedkar envisioned, democracy survives not by law alone but through the moral discipline of citizens and leaders. When law aligns with conscience, the Constitution becomes a true testament to justice and equality.