Model Question and Answers for APSC | ‘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. (UPSC Mains-2021 GS-II)
Ans : The term ‘morality’ is not excessively stated in the Constitution, let alone constitutional morality. However, Constitutional morality can be originated from within the Constitution itself. If read and interpreted properly, Articles 12 to 35 (Fundamental Rights), Articles 36 to 51 (Directive Principles of State Policy), Preamble and the Fundamental Duties tend to have the pervasive essence emphasising upon constitutional morality.
1. The debates and discussions that happened in the Constitutional Assembly have been one of the most important sources of constitutional morality as Ambedkar’s views have been taken as the basis of modern-day understanding of the same.
2. The events that unfolded during the framing of the Constitution and the requisite constitutional history associated with it. The case laws and precedents, specifically in the modern-day era with so many draconian laws read down by the Hon’ble Supreme Court and various High Courts in upholding the spirit of constitutional spirit, morality and strengthening democratic ideals.
The doctrine of ‘Constitutional Morality’ based on the Judicial observations:
1. Moral questions invade the law at every turn. A rigid separation between morality and law is highly improbable.
2. In 2018 the Supreme Court of India has passed historical judgments (i.e. Judgment on Right to Privacy, Decriminalization of consensual relationship under section 377 and section 497 of IPC, Triple Talaq, Sabarimala temple case on the basis of Constitutional Morality.
3. Constitutional Morality means adherence to or being faithful to bottom line principles of constitutional values of equality, liberty fraternity, and justice: social, economical and political.