Introduction:
- Constitutional morality refers to a civic culture that respects constitutional forms, offices, and principles.
- It balances adherence to the Constitution with critique and reform.
- The concept has been increasingly invoked in judicial interpretations, particularly in landmark Supreme Court cases.
Judicial Usage in India
- The Supreme Court has used constitutional morality to interpret laws and adjudicate their constitutional validity.
- Navtej Singh Johar v. Union of India (2018) – Decriminalization of homosexuality under Section 377 IPC.
- Joseph Shine v. Union of India (2018) – Decriminalization of adultery under Section 497 IPC.
- The concept is viewed as a counter to fluctuating public morality but also as a potentially “dangerous weapon.”
Origins of the Concept
- Coined by British historian George Grote in his work A History of Greece.
- Defined as a “paramount reverence for the forms of the constitution.”
- Emphasized adherence to constitutional processes, self-restraint, and civic culture.
- Highlighted that well-drafted constitutional rules alone cannot ensure the longevity of democracy.
Ambedkar’s Perspective
- Dr. B.R. Ambedkar invoked Grote’s idea in his speech on November 4, 1948.
- Stressed that constitutional morality is not an innate sentiment and must be cultivated.
- Warned that constitutional perversion is possible without altering its form, merely by changing administrative practices.
- Advocated self-restraint as essential for democratic stability.
Key Features of Constitutional Morality
- Non-transactional adherence: Respect for the Constitution should not be conditional on favorable outcomes.
- Commitment with critique: Encourages reform within the constitutional framework rather than blind adherence.
- Balances reverence and reform: Ensures stability while allowing space for constitutional evolution.
- Contrast with Constitutional Patriotism (Jürgen Habermas):
- Constitutional morality focuses on procedure and process.
- Constitutional patriotism emphasizes solidarity based on constitutional values.
Contemporary Relevance
- Essential in debates on free speech, civil liberties, women’s rights, and national security.
- Prevents democratic processes from being overtaken by populism or majoritarianism.
- Ensures that constitutional commitment does not lead to rigidity but allows for democratic adaptation.
