Constitutional Morality

noun (uncountable)

/ˌkɒnstɪˈtjuːʃənl məˈrælɪti/

Adherence to the core principles and values embedded in the Constitution — such as liberty, equality, fraternity, dignity, and secularism — as the normative standard for both state action and judicial adjudication. The concept, drawn from B.R. Ambedkar's speech to the Constituent Assembly (4 November 1948) referencing George Grote's usage, was applied by the Supreme Court in Navtej Singh Johar v. Union of India (2018) to decriminalise consensual same-sex acts, and in Indian Young Lawyers Association v. State of Kerala (2018) on Sabarimala temple entry.

✍️ Usage in a UPSC answer

In Navtej Singh Johar, the Supreme Court held that constitutional morality — not majoritarian public morality — must be the lodestar for interpreting fundamental rights, thereby striking down Section 377 of the IPC as manifestly arbitrary.

Synonyms

constitutional ethostransformative constitutionalismrights-based moralityGrundnorm

Antonyms

popular moralitymajoritarian moralitysocial morality

🌱 Word Family

constitutional (adjective), morality (noun), moral (adjective), constitutionally (adverb), moralistic (adjective)

🔡 Root

Latin constituere (to set up) + Latin moralitas (manner, character) ← mos, moris (custom, conduct)

📜 Etymology

George Grote, 19th-century historian of Greece, first used 'constitutional morality' to describe the spirit of procedural governance that kept Athenian democracy functional. Ambedkar borrowed the phrase to contrast constitutional values against majoritarian or popular morality.

🧠 Memory Hook

Think of two courts: the PEOPLE's court (popular morality: what the crowd believes) vs. the CONSTITUTION's court (constitutional morality: what the document demands). When they clash, the Constitution wins.

⚖️ Polity & Constitution 📖 Seen in: Preamble of the Indian Constitution 📋 Also in Key Terms

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