Constitutional Morality: The Spirit of India’s Democracy
As the RTI Act turns 20 and debates around governance intensify, Justice Govind Mathur emphasised that constitutional morality is the supreme guiding principle for India. It ensures that both government authorities and citizens act within the values of the Constitution — justice, equality, liberty, and fraternity.
Introduction
Constitutional morality refers to the set of ethical values, principles, and behavioural norms that guide how institutions, leaders, and citizens should act in a constitutional democracy. It requires all actions to remain anchored in the Preamble and the Fundamental Rights. In Government of NCT of Delhi v. Union of India (2018), the Supreme Court stressed that constitutional morality binds all authorities to uphold democracy, rule of law, and constitutional limits — preventing arbitrary use of power.
Context & Background
The idea was deeply articulated by B.R. Ambedkar, who argued that democracy in India could endure only if people learn and practise constitutional morality. Over the years, court judgments — such as Navtej Singh Johar (2018), Sabarimala (2018), and ADR vs UOI (2024) — have used constitutional morality to balance social norms with constitutional values. The concept is now central in debates on governance, freedom, privacy, secularism, and checks on arbitrary executive power.
Key Points
- •Meaning of Constitutional Morality: It refers to the ethical standards, values, and behaviour expected from citizens and authorities based on the Constitution. For beginners: it simply means “following the Constitution not just in letter, but in spirit.”
- •Ambedkar’s Vision: Dr. B.R. Ambedkar emphasized that Indians were not naturally trained in democratic behaviour, so constitutional morality must be learned and practiced. It prevents misuse of power by leaders and institutions.
- •Difference Between Social Morality and Constitutional Morality: Social morality is based on societal customs, traditions, and popular beliefs. Constitutional morality is based on equality, dignity, and justice. When social practices clash with constitutional values (e.g., caste discrimination), constitutional morality must prevail.
- •Roots in the Constitution: The Preamble, Fundamental Rights, DPSPs, and Fundamental Duties collectively express India’s constitutional morality—ensuring justice, liberty, equality, fraternity, secularism, and the rule of law.
- •Judiciary as Guardian: Courts frequently use constitutional morality to strike down outdated or discriminatory practices—example: Navtej Singh Johar (2018) decriminalised homosexuality based on dignity and equality.
- •Check on Arbitrary Power: Constitutional morality restrains authorities from abusing power. In Indira Gandhi vs Raj Narain (1975), the PM’s election was invalidated for violating fair election norms.
- •Essential for Civil Servants: It guides public servants to remain neutral, fair, and act according to constitutional values rather than political pressure or public emotion.
- •Promotes Inclusive Governance: Helps protect vulnerable groups (women, minorities, LGBTQ+, SC/ST, disabled persons) against discriminatory practices.
- •Supports Rule of Law: Every decision must be based on law, not personal preference. This prevents majoritarianism and protects individual rights.
- •Strengthens Democracy: Constitutional morality ensures all organs—executive, legislature, judiciary—work within limits, preventing authoritarian tendencies.
Related Entities
Impact & Significance
- •Protects Citizens’ Rights: Helps courts and authorities uphold dignity, equality, privacy, and liberty even when society may not agree. In Puttaswamy Case (2017), privacy was declared a fundamental right based on constitutional morality.
- •Reforms Discriminatory Customs: Used to strike down unjust traditions such as banning women’s entry into temples (Sabarimala, 2018) and criminalising same-sex relationships.
- •Strengthens Accountability: Encourages transparency in governance—examples include RTI Act functioning, social audits, and fair use of public funds.
- •Promotes Ethical Public Life: Makes leaders and officials accountable to constitutional values, not political majoritarianism. Ensures decisions are impartial and just.
- •Prevents Democratic Backsliding: Acts as a shield against authoritarian tendencies, misuse of constitutional posts, or bypassing of legislative debate.
- •Builds Public Trust: When people see authorities acting fairly and according to the Constitution, trust in government institutions grows.
- •Supports Social Harmony: By promoting fraternity and equality, constitutional morality reduces caste, religious, and regional tensions.
- •A guiding tool for judiciary: Judges rely on constitutional morality to interpret evolving rights—example: right to internet (Kerala HC, 2019) and reproductive autonomy of women (2022 judgement).
Challenges & Criticism
- •Rise of Majoritarian Morality: Populist or religious sentiments often override constitutional values. For beginners: people sometimes favour decisions based on emotion, not equality—leading to mob justice, hate crimes, or discriminatory laws.
- •Low Constitutional Literacy: Many citizens are unaware of fundamental rights and duties. This allows misinformation, communal narratives, and populism to flourish.
- •Political Interference in Institutions: Agencies like CBI, EC, or Governors’ offices sometimes face pressure, reducing independence. Example: CBI called 'caged parrot' (2013).
- •Criminalisation of Politics: Over 40% of MPs face criminal cases (ADR, 2024). Leaders with questionable records undermine constitutional governance.
- •Misuse of Constitutional Offices: Instances of Governors delaying bills, using pocket vetoes, or obstructing elected governments weaken constitutional morality.
- •Societal Resistance to Reform: People may oppose reforms (e.g., Sabarimala) because they prefer traditional beliefs over constitutional ideals.
- •Weak Implementation of Laws: Even when courts promote constitutional morality, executive agencies may delay implementation (e.g., police reforms).
- •Growing Polarisation: Social media misinformation creates echo chambers, making citizens accept biased narratives instead of constitutional values.
Future Outlook
- •Strengthen Civic Education: Teach constitutional values, rights, and duties in schools, colleges, government training institutes. This builds informed and responsible citizens.
- •Enhance Institutional Independence: Reform appointments to bodies like the EC, CAG, CIC, Lokpal, and Governors’ offices to ensure neutrality and transparency.
- •Promote Constitutional Citizenship: Encourage citizens to question injustice, participate in democracy, and understand the Constitution in daily life.
- •Judicial Clarity on the Scope of Constitutional Morality: Courts must clearly define when constitutional morality overrides social morality to avoid arbitrary use.
- •Leadership by Example: Political leaders, civil servants, and judges must model constitutional behaviour—impartiality, accountability, non-discrimination, and respect for the rule of law.
- •Increase Transparency Mechanisms: Strengthen RTI, social audits, and citizen charters. Digitise government services and ensure proactive disclosure of information.
- •Public Campaigns: Promote programs like SVEEP or constitutional awareness drives through TV, digital media, and local institutions.
- •Balancing Morality and Democracy: Ensure constitutional morality does not silence cultural diversity, but guides reforms gradually and through dialogue.
- •Uphold Secularism and Fraternity: Reinforce the constitutional promise of unity, respect, and equal dignity for all, especially during polarised times.
- •Civil Servant Training: Incorporate constitutional morality, ethics, and behavioural training in LBSNAA and state ATIs to create value-driven administration.
UPSC Relevance
UPSC
- • GS-2: Constitutional values, governance, judiciary, rights and duties.
- • GS-4: Ethics in public administration, integrity, probity.
- • Essay: Democracy, constitutionalism, social justice, morality vs law.
Sample Questions
Prelims
Which of the following elements are closely linked to the idea of Constitutional Morality?
1. Upholding the Preamble’s values
2. Acting within constitutional limits
3. Following societal morality over constitutional principles
4. Ensuring institutional accountability
Answer: Option 1, Option 2, Option 4
Explanation: Constitutional morality requires following Preamble values, constitutional limits, and institutional accountability — not societal morality.
Mains
What is Constitutional Morality? Discuss its relevance in ensuring ethical governance and preventing arbitrary use of power in India.
Introduction: Constitutional morality refers to the ethical values that guide public authorities and citizens to act according to constitutional principles rather than majoritarian or political pressures.
Body:
• Components: Preamble values, equality, liberty, secularism, accountability.
• Importance: Prevents arbitrary power, protects vulnerable groups, strengthens institutions.
• Examples: Navtej Johar, Sabarimala, ADR case, Indira Gandhi vs Raj Narain.
• Challenges: Majoritarian morality, weak institutions, misinformation, low constitutional awareness.
Conclusion: As Ambedkar said, constitutional morality must be cultivated. It is essential for the survival of democracy and ethical governance in India.