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    'Constitutional Morality' essential to India's diversity: CJI

    Posted 01 Jul 2024

    2 min read

    • Constitutional morality entails adherence to constitutional norms that enable the practice of the Constitution not only in letters but also in spirit. 
      • It goes beyond the literal interpretation to encompass a commitment to constitutional values such as sovereignty, social justice, and equality.
    • British historian George Grote first coined the term. 
      • He emphasised the balance between freedom and restraint, where citizens obey constitutional authorities but also have the freedom to criticize them.
    • According to Dr. B.R. Ambedkar: 
      • Constitutional morality is necessary for the peaceful working of a democratic Constitution. However, it is not a natural sentiment. It has to be cultivated.
      • A strong nexus exists between the form of administration and the form of the Constitution
        • Thus, it is possible to undermine the Constitution, without changing its form by merely changing the form of the administration and making it inconsistent with the spirit of the Constitution.
          • Therefore, he favoured prescribing forms of administration in the Constitution itself. 

    Some constitutional provisions related to Constitutional Morality

    • Fundamental Rights: Individuals’ rights against the arbitrary use of state power.
    • Fundamental Duties: Citizens have responsibilities to the nation. 
    • Separation of power: Judicial review of legislative and executive actions, legislative oversight of the executive, etc.

    Supreme Court Judgement related to Constitutional Morality

    • Krishnamoorthy case (2015): Court emphasised that constitutional morality is essential for good governance.
    • Justice K S Puttaswamy case (2018):  Court reiterated its duty to uphold constitutional morality by nullifying any law or executive action that contravenes the constitution.
    • Navtej Singh Johar Case (2018): While striking down Section 377 of the IPC, the Court emphasizing constitutional morality over societal morality.
    • Tags :
    • 'Constitutional Morality
    • George Grote
    • Dr. B.R. Ambedkar
    • Justice K S Puttaswamy case (2018)
    • Societal Morality
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