Constitutional Morality: Origins, Evolution, and Contemporary Relevance

Why in the news?

Indian courts increasingly invoke constitutional morality to interpret laws, influencing key issues like LGBTQ+ rights, free speech, and national security. Rooted in George Grote’s philosophy and emphasized by Dr. B.R. Ambedkar, it balances constitutional adherence with reform.

Constitutional Morality: Origins, Evolution, and Contemporary Relevance

Understanding Constitutional Morality:

  • Constitutional morality refers to a civic culture of respecting constitutional forms, institutions, and processes while applying public reason, self-restraint, and critique.
  • Courts in India increasingly use constitutional morality to interpret laws, as seen in Navtej Singh Johar (2018) and Joseph Shine (2018)
  • It serves as a safeguard against fluctuating public morality and ensures legal principles remain just and fair.
  • Contemporary debates on LGBTQ+ rights, women’s entry into temples, free speech, and national security highlight the relevance of this concept.

Commitment and Critique in Constitutional Morality:

  • Constitutional morality demands adherence to constitutional principles even when outcomes do not align with personal beliefs.
  • It balances respect for established laws while allowing critique and reform of constitutional processes.
  • Unlike constitutional patriotism, which demands political allegiance, constitutional morality focuses on managing differences through agreed procedures.
  • This concept helps maintain constitutional commitment without dogmatic fundamentalism, ensuring a balance between reverence and reform.

Historical Origins and Ambedkar’s Perspective:

  • The concept was first articulated by British historian George Grote, who described Athenian democracy as an outcome of constitutional morality—a paramount reverence for constitutional forms.
  • Grote argued that well-drafted rules alone cannot sustain a constitution; a civic culture of respect and adherence is necessary.
  • Dr. B.R. Ambedkar, in his 1948 Draft Constitution speech, emphasized the need to develop and internalize constitutional morality in India to ensure democracy thrives peacefully.
  • He warned that a constitution could be subverted without altering its form, if its administration contradicts its spirit.