Q.1 ‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.

Model Answer:

Introduction

The doctrine of 'Constitutional Morality' refers to the adherence to the core principles and values enshrined in the Constitution. It emphasises the spirit of the Constitution rather than just its literal text. This doctrine ensures that the governance and functioning of the state align with the fundamental values of justice, liberty, equality, and fraternity.

Body

Key Aspects of Constitutional Morality:

1. Adherence to Constitutional Values: It requires that all actions by the state and its institutions should be in line with the values and principles laid down in the Constitution.
2. Protection of Fundamental Rights: It ensures that the fundamental rights of individuals are protected and upheld.
3. Rule of Law: It emphasises the importance of the rule of law and the need for all actions to be within the framework of the law.
4. Democratic Principles: It upholds the principles of democracy, including the separation of powers, checks and balances, and accountability.

Relevant Judicial Decisions:

1. Kesavananda Bharati v. State of Kerala (1973):
   • This landmark case established the 'Basic Structure Doctrine,' which asserts that certain fundamental features of the Constitution cannot be altered by any amendment. The Supreme Court emphasised that constitutional amendments should not destroy the Constitution's basic structure, reflecting the essence of constitutional morality.
2. S.R. Bommai v. Union of India (1994):
   • The Supreme Court in this case highlighted the importance of federalism and the secular nature of the Indian state. It ruled that the President's rule imposed under Article 356 should be based on constitutional morality and not on political expediency.
3. Naz Foundation v. Government of NCT of Delhi (2009):
   • The Delhi High Court decriminalized consensual homosexual acts between adults, invoking constitutional morality. The court emphasised that the Constitution's values of equality and dignity must prevail over societal morality.
4. Navtej Singh Johar v. Union of India (2018):
   • The Supreme Court decriminalized Section 377 of the Indian Penal Code, which criminalized consensual homosexual acts. The judgement was based on the principles of constitutional morality, emphasising the protection of individual rights and dignity.
5. Indian Young Lawyers Association v. State of Kerala (2018):
   • In the Sabarimala case, the Supreme Court allowed the entry of women of all ages into the Sabarimala temple, citing constitutional morality. The court held that practices based on gender discrimination violate the Constitution's principles of equality and non-discrimination.

Conclusion

The doctrine of constitutional morality serves as a guiding principle for interpreting and implementing the Constitution. It ensures that the actions of the state and its institutions are in harmony with the Constitution's core values and principles. Judicial decisions have played a crucial role in upholding and reinforcing this doctrine, thereby strengthening the constitutional framework of India.

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