Dr. B. R. Ambedkar believed that the disparities and inequities in the society could be resolved based on the principle of constitutional morality, which is not a natural sentiment, but must be cultivated.
What is Constitutional Morality?
- Meaning: It is the adherence to constitutional norms not only in letters but also in spirit.
- British Historian George Grote explained it as the balance between freedom and restraint, where citizens obey constitutional authorities and also have the freedom to criticize them.
- It is enshrined in in the Constitution under the Articles:
- Fundamental Rights (Articles 12 to 35)
- Directive Principles of State Policy (Articles 36 to 51)
- Preamble
- Fundamental Duties (Article 51-A).
- Significance: Transforms constitutional guarantees into tangible justice, fostering inclusion, protecting minorities, and ensuring equality in a rapidly changing society.
How Courts have used Constitutional Morality in Bringing Social Change?
- Women Equality: In Indian Young Lawyers Association vs The State Of Kerala (2018), Supreme Court (SC) held unconstitutional the practice of prohibiting the entry of menstruating women to the Sabarimala temple.
- Protecting Privacy: In K.S. Puttaswamy v. Union of India (2018), SC upheld the right to privacy as a fundamental right signifying constitutional morality as it protects individual dignity, autonomy and freedom.
- Positive Transformation: In Navtej Singh Johar Case (2018), SC Struck down Section 377 of IPC (criminalising homosexuality), upholding constitutional morality over societal morality.
- In Joseph Shine v. Union of India (2018), SC struck down Section 497 of IPC decriminalizing adultery.
