‘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.
Introduction
Constitutional morality denotes unwavering adherence to the fundamental principles, values, and spirit enshrined in the Constitution, even when conflicting with popular sentiment. It embodies the core ideals of a democratic republic.
Body
Roots and Distinction
Rooted in the Preamble's ideals (justice, liberty, equality, fraternity), Fundamental Rights, DPSPs, and the Basic Structure, it checks majoritarianism, ensuring constitutional values prevail over popular morality.
Judicial Upholding and Precedents
- The judiciary, as the Constitution's guardian, invokes this doctrine to interpret provisions and protect individual liberties against state overreach.
- Cases like Navtej Johar (decriminalizing homosexuality), Sabarimala (women's entry), and K.S. Puttaswamy (right to privacy) exemplify its application. Kesavananda Bharati's Basic Structure doctrine provides its foundation.
Conclusion
Upholding constitutional morality is crucial for maintaining constitutionalism, the rule of law, protecting minority rights, and preventing democratic backsliding.
128 words · target ~150
The directive 'Explain' requires a clear, detailed exposition of the concept, clarifying its meaning, underlying principles, and illustrating it with concrete examples.
Suggested structure
Introduction: Defining Constitutional Morality
Roots in the Constitution: Essential facets and principles
Distinction from Popular Morality
Role of Judiciary in upholding it
Relevant Judicial Decisions
Significance and Conclusion
Key points
Definition: Adherence to the spirit, values, and principles enshrined in the Constitution, even if unpopular.
Roots: Preamble (justice, liberty, equality, fraternity), Fundamental Rights, DPSP, Basic Structure doctrine.
Contrast: Differentiate from transient popular morality or majoritarianism.
Judicial Role: Judiciary as the guardian and interpreter, upholding constitutional values against majoritarian impulses.
Landmark Cases: Sabarimala (entry of women), Navtej Johar (decriminalization of homosexuality), K.S. Puttaswamy (right to privacy), Kesavananda Bharati (basic structure).
Importance: Ensures constitutionalism, rule of law, protection of minority rights, and prevents democratic backsliding.
Common mistakes
Confusing constitutional morality with popular or societal morality.
Providing a vague definition without linking it to specific constitutional principles.
Lack of specific and relevant judicial decisions to substantiate the explanation.
Failing to explain *how* it is rooted in the Constitution's essential facets.
Difficulty: Medium — The concept is abstract and requires a nuanced understanding. It demands not just a definition but also an explanation of its constitutional roots and substantiation with specific, recent, and relevant judicial pronouncements, which can be challenging under exam pressure.