Yashaswini Manasa
“Constitutional morality is not a natural sentiment. It has to be cultivated”
- Dr. B.R. Ambedkar
The doctrine of constitutional morality means adherence to core values and principles enshrined in a constitution and its interpretation in line with the ethos of constitutional democracy. Grote’s doctrine of constitutional morality has been adapted to the Indian constitutional paradigm. This doctrine has evolved under Article 142 and is written largely in the section of Fundamental Rights , Directive Principle of State Policy, Preamble and Fundamental duties.
It assumes myriad dimensions including the commitment to inclusive and democratic political process in which the individual and collective interests are satisfied. It is a counterpoise to ‘public morality’ and also it is a facet of ‘basic structure’ of constitution, which provides judiciary a power to keep check on the “spirit” and “soul” of the constitution by going beyond its purposive and literal interpretation.
The judiciary is vested with the power to scrutinize the legislative and administrative action without the 4 vices as in Sukra Neeti (i) raga (leaning in favour of a party); (ii) lobha (greed); (iii) bhaye (fear); (iv) dvesha (ill-will against anyone) and (v) vadinoscha rahashruthi (the judge meeting and hearing a party to a case secretly i.e., in the absence of the other party).
From the celebrated Kesavananda Bharathi case to the recent homosexuality judgement, the Supreme Court, in a number of judgments, has discussed the parameters of constitutional morality to variously mean, ‘genuine orderliness’ ‘a pillar stone of good governance’.
Hence, the very essence of constitutionalism which serves as a moral compass in the interpretation and implementation of the constitution is the doctrine of constitutional morality.
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