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What is meant by the term ‘constitutional morality’ ? How does one uphold constitutional morality?

Constitutional morality means adherence to the core principles of the constitutional democracy. In classicist George Grote’s perspective, it means “paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these forms, yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities.”

Constitutional Morality

In India, the term was first used by Dr. B.R. Ambedkar during his parliamentary debates. In his perspective, it would mean an effective coordination between conflicting interests of different people and the administrative cooperation to resolve it amicably without any confrontation amongst the various groups working for the realisation of their ends at any cost.

In contemporary usage, it refers to the substantive content of a constitution. To be governed by a constitutional morality is to be governed by the substantive moral entailment any constitution carries. In this sense, constitutional morality is the morality of a constitution itself.

Its scope is wide enough to ensure the ultimate goal of the Constitution, a socio-juridical scenario offering an opportunity to unfold the full personhood of every citizen, for whom and by whom the Constitution exists, rather than just ensuring that the constitutional provisions are followed literally.

The Constitution’s language, the discussions held during the Constituent Assembly, and the events that transpired during that time period are the sources of constitutional morality.

For constitutional laws to be effective, constitutional morality is crucial. Without it, a constitution’s operation is prone to being arbitrary, unpredictable, and capricious.

An important case which employed this concept in an innovative manner was the Naz Foundation Case which used the concept of constitutional morality to strike down Section 377 of the Indian Penal Code and decriminalize homosexuality.

How does one uphold constitutional morality?

• By letting constitutional morality guide the Court’s decision instead of popular morality, while interpreting the constitution.
• By locating the content and contours of constitutional morality so that it is not being ignorantly and dangerously used in courts.
• By committing to principles such as parliamentary form of government, constitutional supremacy, rule of law, equality, liberty, and intolerance of corruption, among others.
• By employing it as a tool to help with decision-making in situations where the constitutional meaning of the constitutional clause’s wording can be interpreted in a variety of ways, as it can provide a diverse set of hints.
• By working within and within the framework of the constitution, upholding the rule of law, and exhibiting the utmost respect for its forms.
• Even the constitution itself mentions this concept only four times (twice in Article 19 and twice in Right to religious Freedom under Article 25 and 26), and it has been understudied and ignored for a long while by people in general as well. It needs to be changed in order to understand the constitution with a new perspective exploring further possibilities of this concept.

Public conscience, moral order and constitutional morality- ethics of politicians, that constitute the core of policy making, must be very sound and strong if democracy is to survive for the long period of progress and prosperity of the people