Constitutional Morality and Its Evolving Interpretation by the Judiciary
The idea of constitutional morality expresses some keys to keeping a nation in line with the concepts of the Constitution rather than with social, religious, or traditional norms. It is the great neighbour of justice, liberty, equality, and fraternity, proclaimed in the Indian Constitution’s preamble. The judiciary intervenes whenever views differ regarding how one should interpret constitutional morality, particularly by customs or majority beliefs concerning fundamental rights. The Supreme Court of India has had a preeminent role in shaping the concept over time, issuing remarkable judgments that resonate with the founders of democracy, individual dignity, and equality.1
Definition and Origin
British historian George Grot introduced the concept of constitutional morality to refer to the commitment of citizens towards democratic principles and constitutional values. In the Indian context, constitutional morality relates to adherence to principles of justice, the rule of law, individual rights, and democratic governance. Constitutional morality thus interprets the Constitution and its application in a manner that protects its core values from social revolt.2
Why is Constitutional Morality Important?
Constitutional morality assures the integrity of any democratic system and accords the governance pattern in terms of the central values enshrined in the Constitution. A primary function of constitutional morality is the protection of fundamental rights; constitutionally guaranteed freedoms must be respected, even if they clash with social or religious conventions.
This is especially important in a diverse country like India, where customs and longstanding traditions almost always clash with constitutional values. By holding constitutional morality in high esteem, the judiciary guarantees that the outdated majority practices never compromise classic rights.
Also, constitutional morality plays a vital role in making the rule of law effective and preventing arbitrary behavior by the State. This further ensures that governance is not based on personal or political considerations but on the legal principles it provides. Its task is to make laws applicable reasonably and uniformly-which calls for accountability to the government institutions. In addition, it is bound to foster equity and justice by protecting underprivileged communities from discrimination based on caste, gender, religion, or sexual orientation. In some stark judgments, the Supreme Court has recalled constitutional morality to strike down laws and practices entrenched in inequality and social injustice.
Most importantly, like all other things, constitutional morality validates the majority, preventing them from imposing their beliefs on the minority. By guarding these rights, democracy stills peace and ensures protection values such as inclusion and diversity. With this thrust upon constitutional morality, the judgments of laws and policies match constitutional values instead of attesting to popular emotions, solidifying a just and equitable society. So, it becomes the basis for a democratic, inclusive, and rights-based governance system within which justice can triumph over bias and arbitrary rule.3
Evolution of Constitutional Morality in Indian Jurisprudence
Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, emphasized the importance of constitutional morality to ensure the success of democracy. During the debates of the Constituent Assembly, he argued that adopting only democratic institutions was not sufficient; people and government must adhere to the values of the Constitution in spirit and practice. He stated:
“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it.”
Ambedkar believed that a democratic society should function on rational principles rather than religious traditions or beliefs that violate constitutional values.
Judicial Recognition and Expansion
The Supreme Court has significantly contributed to the evolution of morality by interpreting it in various Landmark cases.
1. Kesavananda Bharati v. State of Kerala (1973)
Through the evolution of this case, a doctrine called the basic structure came into being, which states that certain foundational features of the Constitution, such as democracy, secularism, and judicial independence, are beyond alteration, even through constitutional amendment. The Court felt that constitutional morality would not allow any law or amendment to infringe upon the central principles of the Constitution.
2. Manoj Narula v. Union of India (2014)
The apex Court held that constitutional morality entails political morality. The Court has ruled that those in power shall act with integrity, and appointments to public offices must be predicated upon constitutional values rather than political expediency.
3. Naz Foundation v. Government of NCT Delhi (2009)
Alluding to this aspect, the High Court of Delhi decriminalized section 377 of the IPC on the premise that constitutional morality should transcend public morality. It concluded that laws should be interpreted not against the backdrop of social disapproval but rather statutory values, dignity, privacy, and equality.
4. Navtej Singh Johar v. Union of India (2018)
The apex court struck down Section 377, decriminalizing homosexuality, and it expressly stated that constitutional morality must prevail above social and religious morality in this regard. The court recognized the rights of sexual autonomy and personal choice as fundamental rights under Article 21 (Right to Life and Personal Liberty).
5. Sabarimala Temple Entry Case (2018)
The Supreme Court declared the exclusion of menstruating women from the Sabarimala temple as unconstitutional. The trial underscored that constitutional morality applies gender equality and non-discrimination against all other such practices if they contradict religious beliefs.
6. Joseph Shine v. Union of India (2018)
The court decriminalized adultery (IPC section 497), maintaining that it treated women as the property of their husbands, violating their dignity and autonomy. The decision stressed that gender equality and individual freedoms are essential to constitutional morality.
Constitutional Morality vs. Social and Religious Morality
One of the greatest challenges in the implementation of constitutional morality is conflict with traditional, social and religious morality. The judiciary often faces resistance when its decisions contradict deep customs and deep social beliefs.
Key Differences
| Constitutional Morality | Social/Religious Morality |
| Based on principles of justice, equality, and individual rights | Based on customs, traditions, and religious beliefs |
| Dynamic and evolves with changing times | Often rigid and resistant to change |
| Protects minority and marginalized communities | It may reinforce discrimination and social hierarchies |
| Ensures gender equality and non discrimination | May uphold patriarchal or caste-based norms |
Criticism and Challenges of Constitutional Morality
Although constitutional morality played a crucial role in defending democratic values, it also faced criticism.
1. Critics argue that constitutional morality allows the judiciary to make subjective decisions, sometimes invading the legislature’s powers. Some believe that courts should not interfere with issues involving religious or personal beliefs.
2. Conflict with cultural and religious traditions: Many communities resist judicial decisions that challenge longtime traditions. For example, Sabarimala’s trial faced protests from religious groups that believed that the prohibition of women was a sacred custom.
3. Lack of Clear Definition: Since constitutional morality is an evolutionary concept, different judges interpret it differently, leading to inconsistencies in judicial decisions. 4. Resistance from Political and Social Groups: Reforms based on constitutional morality, such as the decriminalization of homosexuality and the protection of women’s rights, usually face political opposition and social reaction.
Future of Constitutional Morality in India
However, constitutional morality continues to serve as a bulwark for democratic, basic rights, and rule of law in India during times of trial and suffering. Yet, constitutional morality’s contours must reflect society’s changing texture. Some of the most pressing issues that require the open-eyed vision of the judiciary in terms of interpreting constitutional morality are related to gender justice, LGBTQ+ issues, freedom of expression, and political morality. Among the many areas that will be impacted by constitutional morality, gender justice will especially include a great deal of work with respect to the reform of religious or personal laws, which include provisions that discriminate against women. The judiciary is likely to play a more proactive role in guaranteeing equal rights with regard to marriage, inheritance, and temple entry, thus strengthening the principle of gender equality.
Due to increasing demands for legal recognition of same-sex marriages and anti-discrimination protection in the areas of employment, health and social space, LGBTQ rights have also become an insistent issue. Constitutional morality will be very important in order to help changing socio-legal paradigms for the protection of sexual minorities against discrimination and exclusion. Freedom of expression will also be a continuing and changing judicial arena under constitutional morality, where it protects voices on one hand and imposes reasonable restrictions to curb the voices and disinformation of hatred at the same time. Ultimately, political ethics and governance reforms will be addressed more frequently with reference to constitutional morality to encourage transparency, accountability and integrity of the democratic process. Henceforth, constitutional morality will an intrinsic element in the development of a forward-looking and inclusive India.
Conclusion
Constitutional morality is the backbone of a democratic society, ensuring that governance alienates itself with constitutional principles rather than traditional personal beliefs or customs. The judiciary played a critical role in the interpretation and application of constitutional morality, protecting fundamental rights and guaranteeing social justice. However, its application must find a balance between legal reforms and social realities. As India continues to evolve, constitutional morality will remain a crucial tool for promoting an inclusive, just and democratic society.
1 Articles – Manupatra, https://articles.manupatra.com/article-details/Social-Morality-vs-Constitutional Morality-with-special-reference-to-Navtej-Singh-Johar-V-Union-of-India.
2 CD Staff, Constitutional morality: the origins and nuances of the concept, Civilsdaily (Feb. 18, 2025), https://www.civilsdaily.com/news/constitutional-morality-the-origins-and-nuances-of-the-concept/.
3 Articles – Manupatra, https://articles.manupatra.com/article-details/Social-Morality-vs-Constitutional Morality-with-special-reference-to-Navtej-Singh-Johar-V-Union-of-India.
