Discuss the concept of Constitutional Morality.

Introduction: The idea of Constitutional Morality refers to adherence to the core values, principles and spirit of the Constitution rather than merely following its literal provisions. The term was emphasized by Dr. B. R. Ambedkar in the Constituent Assembly, who stated that constitutional morality is not a natural sentiment but must be cultivated to preserve democracy.

Body: Constitutional morality ensures that governance and judicial actions are guided by justice, liberty, equality and fraternity as enshrined in the Preamble. It demands respect for rule of law, separation of powers, and protection of Fundamental Rights, even if public opinion or social morality suggests otherwise.

The Supreme Court has actively invoked this doctrine in several landmark judgments. In Navtej Singh Johar v. Union of India (2018), while decriminalizing homosexuality under Section 377 IPC, the Court held that constitutional morality must prevail over social morality. Similarly, in Indian Young Lawyers Association v. State of Kerala (2018) (Sabarimala case), the Court emphasized gender equality and individual dignity based on constitutional morality.

This doctrine acts as a safeguard against majoritarianism by ensuring that minority rights and individual freedoms are protected. It strengthens the Basic Structure Doctrine by preserving democratic ethos and constitutional supremacy. However, critics argue that excessive judicial reliance on constitutional morality may lead to judicial overreach.

Conclusion: Constitutional morality is the ethical foundation of Indian democracy. It transcends transient political or social preferences and upholds the transformative vision of the Constitution. By promoting dignity, equality and liberty, it ensures that constitutional governance remains faithful to its foundational ideals.