GS2 PYQ (Mains Answer Writing): Basic Structure of the Constitution | Indian Polity for UPSC CSE PDF Download

Q1: ‘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.
Ans: Constitutional Morality is the commitment to the principles of constitutional values, emphasizing inclusive and democratic political processes. Dr. Ambedkar envisioned it as a harmonious interaction between the governing and governed.
Though not explicitly mentioned in the Constitution, Constitutional Morality is ingrained in various aspects of the Constitution, including:

• Preamble: Values like justice, liberty, equality, and fraternity
• Fundamental Rights
• Fundamental Duties
• Directive Principles of State Policy

The doctrine of constitutional morality safeguards the rule of law, promoting diversity and active citizen participation in combating inequalities and non-constitutional elements.
The Supreme Court has emphasized constitutional morality:

• In the Krishnamoorthy case (2015), the Court stressed constitutional morality as the foundation of good governance.
• In the Justice K.S. Puttaswamy case (2018), the Court highlighted its role in neutralizing executive excesses.
• In the Government of NCT of Delhi case (2018), the Court equated it to a 'second basic structure doctrine,' acting as a check on arbitrary power.
• In the Indian Young Lawyer’s Association case (2018) (Sabrimala case), the Court upheld constitutional morality over the doctrine of essentiality.

Constitutional morality is crucial for effective constitutional laws, preventing arbitrary constitutional operations. While the Supreme Court plays a role, cultivating this sentiment among citizens is equally essential.