Notes: Constitutional Morality | Political Science & International Relations: Mains Optional - UPSC PDF Download

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Important doctrines in India:
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Important doctrines in India:
Doctrine of Constitutional Morality: 
• WhatisConstitutionalMorality?
• The Constitution of India is a living document and a source of moral guidance to our
courts in deciding various issues. The Indian courts have devised many judicially
craftedinventionsthatisnotexplicitlymentionedinconstitutionaltext.
• The Doctrine of Constitutional Morality was invoked by the Supreme Court in
numerous landmark judgments including Keshvanada Bharati judgment, the first
judgescaseaswellastherecentNavtejJoharandSabrimalacases.
• The constitutional morality is not still defined anywhere, there are many different
notions on the same. The doctrine of constitutional morality means adherence to
noble principles enshrined in a constitution, principle interpretation of the
constitutioninlinewiththeethosofconstitutionaldemocracy.
• Importantly, former CJI Deepak Mishra observed that “ that magnitude and sweep
of constitution morality is not confined to the provisions and a literal text which a
constitution contains, rather it embraces within itself a virtue of a wide magnitude
thatushersinapluralisticandinclusivesociety.”
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Important doctrines in India:
Doctrine of Constitutional Morality: 
• WhatisConstitutionalMorality?
• The Constitution of India is a living document and a source of moral guidance to our
courts in deciding various issues. The Indian courts have devised many judicially
craftedinventionsthatisnotexplicitlymentionedinconstitutionaltext.
• The Doctrine of Constitutional Morality was invoked by the Supreme Court in
numerous landmark judgments including Keshvanada Bharati judgment, the first
judgescaseaswellastherecentNavtejJoharandSabrimalacases.
• The constitutional morality is not still defined anywhere, there are many different
notions on the same. The doctrine of constitutional morality means adherence to
noble principles enshrined in a constitution, principle interpretation of the
constitutioninlinewiththeethosofconstitutionaldemocracy.
• Importantly, former CJI Deepak Mishra observed that “ that magnitude and sweep
of constitution morality is not confined to the provisions and a literal text which a
constitution contains, rather it embraces within itself a virtue of a wide magnitude
thatushersinapluralisticandinclusivesociety.”
• Pratap Bhanu Mehta remarks how the project of Indian Constitution
containstwometa-aimsoftheConstitution:
1. The Constitution sough to find a way to resolve major substantive debates and
disputes over norms and values. The task of constitutionalism was a morality that
transcended positions and disagreements onparticularissues.
2. The second aspect of constitutionalism was the ambition that while the
Constitution would serve Indian needs, it would not be bound by any particular
tradition.
• Mehta seeks to explore reasons for the endurance of Indian Constitution
and one of the significant factors he points to is the existence of
Constitutionalism,whichitselfisalegacyofthenationalmovement.
• Ambedkar himself talks of the importance of constitutional morality in the
discussions of the constituent assembly wherein he invokes the classic
thinker George Grote who was one of the first thinkers who talked of the
conceptinhis19
th
centurybook“AHistoryofGreece.”.
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Important doctrines in India:
Doctrine of Constitutional Morality: 
• WhatisConstitutionalMorality?
• The Constitution of India is a living document and a source of moral guidance to our
courts in deciding various issues. The Indian courts have devised many judicially
craftedinventionsthatisnotexplicitlymentionedinconstitutionaltext.
• The Doctrine of Constitutional Morality was invoked by the Supreme Court in
numerous landmark judgments including Keshvanada Bharati judgment, the first
judgescaseaswellastherecentNavtejJoharandSabrimalacases.
• The constitutional morality is not still defined anywhere, there are many different
notions on the same. The doctrine of constitutional morality means adherence to
noble principles enshrined in a constitution, principle interpretation of the
constitutioninlinewiththeethosofconstitutionaldemocracy.
• Importantly, former CJI Deepak Mishra observed that “ that magnitude and sweep
of constitution morality is not confined to the provisions and a literal text which a
constitution contains, rather it embraces within itself a virtue of a wide magnitude
thatushersinapluralisticandinclusivesociety.”
• Pratap Bhanu Mehta remarks how the project of Indian Constitution
containstwometa-aimsoftheConstitution:
1. The Constitution sough to find a way to resolve major substantive debates and
disputes over norms and values. The task of constitutionalism was a morality that
transcended positions and disagreements onparticularissues.
2. The second aspect of constitutionalism was the ambition that while the
Constitution would serve Indian needs, it would not be bound by any particular
tradition.
• Mehta seeks to explore reasons for the endurance of Indian Constitution
and one of the significant factors he points to is the existence of
Constitutionalism,whichitselfisalegacyofthenationalmovement.
• Ambedkar himself talks of the importance of constitutional morality in the
discussions of the constituent assembly wherein he invokes the classic
thinker George Grote who was one of the first thinkers who talked of the
conceptinhis19
th
centurybook“AHistoryofGreece.”.
• InGrote’s formulation,constitutionalmoralitymeantas:
• That all citizens would respect andadhere the constitution.
• No own woulddisobey authorities acting underthe constitution.
• All citizens would have the unrestrained freedom to criticize public officials acting in
the discharge of their constitutional duties.
• AllPublicofficials wouldhave to act withinthe confines of the constitution.
• All the contenders for political power would respect the constitution and know that
theirrivals also respect the same.
• In Ambedkar’s view, constitutional morality meantan effective coordination
between conflicting interest of different people and the administrative
cooperationtosolvethoseissuesorconflictsamicablyorinfriendlywayas
faraspossible”.
• According to Mehta, the most important goal of constitutional morality was
to avoid revolution, to turn to constitutional methods for the resolution of
claims.
• Another critical of constitutional morality was to prevent any branch of
government from declaring that it could uniquely represent the people.
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Important doctrines in India:
Doctrine of Constitutional Morality: 
• WhatisConstitutionalMorality?
• The Constitution of India is a living document and a source of moral guidance to our
courts in deciding various issues. The Indian courts have devised many judicially
craftedinventionsthatisnotexplicitlymentionedinconstitutionaltext.
• The Doctrine of Constitutional Morality was invoked by the Supreme Court in
numerous landmark judgments including Keshvanada Bharati judgment, the first
judgescaseaswellastherecentNavtejJoharandSabrimalacases.
• The constitutional morality is not still defined anywhere, there are many different
notions on the same. The doctrine of constitutional morality means adherence to
noble principles enshrined in a constitution, principle interpretation of the
constitutioninlinewiththeethosofconstitutionaldemocracy.
• Importantly, former CJI Deepak Mishra observed that “ that magnitude and sweep
of constitution morality is not confined to the provisions and a literal text which a
constitution contains, rather it embraces within itself a virtue of a wide magnitude
thatushersinapluralisticandinclusivesociety.”
• Pratap Bhanu Mehta remarks how the project of Indian Constitution
containstwometa-aimsoftheConstitution:
1. The Constitution sough to find a way to resolve major substantive debates and
disputes over norms and values. The task of constitutionalism was a morality that
transcended positions and disagreements onparticularissues.
2. The second aspect of constitutionalism was the ambition that while the
Constitution would serve Indian needs, it would not be bound by any particular
tradition.
• Mehta seeks to explore reasons for the endurance of Indian Constitution
and one of the significant factors he points to is the existence of
Constitutionalism,whichitselfisalegacyofthenationalmovement.
• Ambedkar himself talks of the importance of constitutional morality in the
discussions of the constituent assembly wherein he invokes the classic
thinker George Grote who was one of the first thinkers who talked of the
conceptinhis19
th
centurybook“AHistoryofGreece.”.
• InGrote’s formulation,constitutionalmoralitymeantas:
• That all citizens would respect andadhere the constitution.
• No own woulddisobey authorities acting underthe constitution.
• All citizens would have the unrestrained freedom to criticize public officials acting in
the discharge of their constitutional duties.
• AllPublicofficials wouldhave to act withinthe confines of the constitution.
• All the contenders for political power would respect the constitution and know that
theirrivals also respect the same.
• In Ambedkar’s view, constitutional morality meantan effective coordination
between conflicting interest of different people and the administrative
cooperationtosolvethoseissuesorconflictsamicablyorinfriendlywayas
faraspossible”.
• According to Mehta, the most important goal of constitutional morality was
to avoid revolution, to turn to constitutional methods for the resolution of
claims.
• Another critical of constitutional morality was to prevent any branch of
government from declaring that it could uniquely represent the people.
• Constitutional morality thus preserves ideas of pluralism and inclusion. The salient
featuresofdoctrineofconstitutionalmoralitycanbestatedasfollow:
• Commitment toliberty
• Theconstitutionalsupremacyandequality.
• It is a synonym for theRuleofLaw.
• It relates to parliamentary form of government which is self-restraint by providing limitation
on the functioning of state to curtail liberty of citizen.
• It is soul and spirit of constitution; it assures that all inequality is eliminated by it from social
milieu.
• It empowers judiciary to take a step ahead for purposive interpretation, as we have written
constitution it allows rooms, space and flexibility.
• It always supersedes majoritarian morality or public morality for better of society.
• Not limited by provisions of constitution but it is mandate to accomplish the aim of the
constitution.
• It is akin to doctrine of basic structure and perfect remedy what is to called “constitutional
silence.”
• Former CJI Dipak Misra set out four cardinal corners of the Constitution: Individual
autonomy and liberty; equality sans discrimination; recognition of identity with
dignity; right to privacy. He also underscored the centrality of fraternity to the
constitutionalvalue system