BharatNotes What is Constitutional Morality?
Constitutional morality is the commitment to govern, legislate and adjudicate in accordance with the Constitution's core principles and spirit — justice, liberty, equality, fraternity, the rule of law, dignity and respect for diversity — even when these clash with prevailing popular sentiment. The expression originates in the British classicist George Grote's "A History of Greece", where it denoted "a paramount reverence for the forms of the constitution" combined with "the habit of open speech" and "unrestrained censure of those very authorities as to all their public acts".
Dr B.R. Ambedkar imported the idea into Indian constitutionalism in his "Draft Constitution" speech of 4 November 1948, citing Grote to justify embedding detailed administrative structures in the Constitution itself. Crucially, he cautioned that constitutional morality "is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it."
Constitutional vs Social Morality
The doctrine's sharpest application lies in distinguishing constitutional morality from popular or social morality. Where the two conflict, courts have held that constitutional morality must prevail, so that the rights of minorities and individuals do not depend on majority approval.
| Dimension | Constitutional Morality | Social / Popular Morality |
|---|---|---|
| Source | Text, spirit and values of the Constitution | Customs, traditions, majority opinion |
| Stability | Relatively fixed, principle-based | Fluid, shifts with sentiment |
| Protects | Individual rights, minorities, plurality | Often the majority view |
| Role of courts | A test for validity of laws/practices | Not a constitutional standard |
Key Judicial Milestones
- Naz Foundation v. Govt of NCT of Delhi (Delhi HC, 2009) — held that only constitutional morality, not public morality, can justify restrictions on fundamental rights while reading down Section 377.
- Manoj Narula v. Union of India (2014) — described constitutional morality as a "pillar stone of good governance".
- Govt of NCT of Delhi v. Union of India (2018) — called it "an enabling framework that allows a society the possibilities of self-renewal".
- Navtej Singh Johar v. Union of India (2018) — decriminalised consensual same-sex relations, holding that constitutional morality prevails over social morality.
- Indian Young Lawyers Association v. State of Kerala (Sabarimala, 2018) — a majority struck down the exclusion of women aged 10–50 from the temple as violative of constitutional morality.
Current Status (as of June 2026)
The doctrine is at the centre of the Sabarimala reference before a nine-judge Constitution Bench headed by CJI Surya Kant, which reserved its verdict in May 2026 after 16 days of hearings. The Bench is examining whether the word "morality" in Articles 25 and 26 includes "constitutional morality". The Union government has argued that constitutional morality is a "vague" sentiment, not a concrete test for legislation — making the awaited verdict pivotal for the doctrine's future.
UPSC Angle
Treat constitutional morality as an analytical lens for GS2 and Essay rather than a fact to memorise. Be ready to map the constitutional-vs-social morality debate, name the landmark cases, and present the criticism that it risks judicial overreach — a balanced answer earns more than one-sided praise.
