Constitutional Morality

Why in News?

Recently, The Solicitor General has urged the Supreme Court to disregard the doctrine of “constitutional morality” in the Sabarimala case.

• Meaning – It is a doctrine emphasizing adherence to the core values, spirit, and principles of a constitution, such as justice, liberty, equality, and fraternity.
• The term "constitutional morality" is not explicitly mentioned in the Indian Constitution.
• Origin – Term first coined by George Grote (History of Greece).
• Indian Usage – B.R. Ambedkar invoked the term in the Constituent Assembly in 1948, stressing its necessity for democracy.
• Core Pillars - It centers on the rule of law, individual liberty, separation of powers, and accountability in public administration.
• Judicial Application- Indian courts use it to interpret constitutional provisions, particularly in safeguarding rights related to dignity, equality, and checking the basic structure of the Constitution.
• Significance for Democracy –
  • Safeguards rule of law and prevents arbitrary power.
  • Protects minority rights against societal morality.
  • Promotes self‑restraint, plurality, deference to processes.
  • Acts as a diagnostic tool to identify arbitrariness and unaccountable authority.
• Supreme Court Observations –
• The Supreme Court has invoked constitutional morality to expand rights and protect vulnerable groups.

• Ramifications of Disregard – Weakens institutions, fuels populism, erodes equality.

Reference

Indian Express | Constitutional Morality