CONSTITUTIONAL MORALITY: A CHALLENGING FRAMEWORK
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 26, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Anushree Gayen 4th Year , Department Of Law, University Of Calcutta (Hazra Campus) CONSTITUTIONAL MORALITY: A CHALLENGING FRAMEWORK Abstract: In any country laws are important and essential to uphold the social harmony and do common good around all over its area. In some circumstances, the concept morality assists as a defining object along with the rule of law. Any Constitution of a country creates the principles thorough which the people of that country are to be produced at the national level. This framed the three branches of the government such as legislative, executive and judiciary and simplified their respective functions, duties and acquaintances with the simple citizens. Basically, the concept Constitutional morality states that every person should be treated equally regardless of their sex, custom, religion etc. Like this concept demands that men and women should be treated equally and the women should not be objectified as a property of their husband and also it does not want any conflict between the citizens. So, overall, the concept Constitutional morality is a very crucial and important for achieving a socially, culturally, traditionally and politically moral society. Keywords: The Constitution, Morality, Law, Judicial system, Equality, Fundamental rights, Rule of law, Supreme Court of India. INTRODUCTION: Constitutional morality states to context to the fundamental principles of the Constitution, that comprise justice, liberty, equality, fraternity, secularity and the rule of law. This is a leading principle which assures that the works of the government and public line up with the standards and subject of the Constitution, rather than normally its written words. Constitutional morality is more discrete than statutory laws, that are static and can be unswervingly administered. It mandates esteem for the values of the Constitution although they combat with particular social norms, beliefs or practices. This intends to keep the integrity of democracy and assure the protection of fundamental rights. Constitutional morality is precisely enduring and acting in accordance with the principles of the Constitution in its genuine nature. It adds a liability to a comprehensive and independent political procedure which pleases both individual and social interests. The term ‘Constitutional Morality’ is not defined anywhere of our Indian Constitution but the term ‘morality’ is used some places in our Constitution such as two times in Article 19 and in Article 25 and Article 26. MEANING AND HISTORICAL ORIGINS: The perception of Constitutional Morality was at first familiarized by British Historian George Grote. This British historian applauded Cleisthenes’ democratic reforms in primeval Greece. In India, Dr. B.R. Ambedkar accentuated the value of the constitutional morality in the Constituent Assembly debates in 1948. He also refers that constitutional morality must be sophisticated to endure democracy. Dr. B.R. Ambedkar observed The Constitution of India as not just an important legal article but an instrument to administer democratic values in the societal norms. According to Dr. B.R. Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top dressing on an Indian soil which is essentially undemocratic.”1 He even said that Constitutional morality is inherently put together with The Constitution of India and also added that without morality the procedure would even cause irregularity. The judiciary system of India by its operation has been put forward a lot of principles and concepts determining the welfare and safekeeping of the citizens. Constitutional morality is one of those concepts introduced by the Indian Judiciary system which increasingly advanced over the last 10 years. It makes this term into a life-changing and continuing principle. In Kesavananda Bharti vs. State of Kerala2, The Apex Court stated to the Greek Historian Grote on the term Constitutional morality at the time of determining the power of the parliament to amend the basic structure of The Constitution of India. The concept of Constitutional morality has also propounded by the American legal philosopher Ronald Myles Dworkin whose assumption is based on the notion that the law is not only required to depend on formal rules, but also moral doctrines fundamentally. IMPORTANCE OF CONSTITUTIONAL MORALITY: 1 A quote from Annihilation of Caste Goodreads, https://www.goodreads.com/quotes/692976-constitutional morality-is-not-a-natural-sentiment-it-has-to (last visited Sept. 18, 2025) 2 Kesavananda Bharti vs. State of Kerala, AIR (1973) 4 SCC 225 The concept Constitutional morality is essential for lot of reasons which are following…. Preserving Democracy- The concept Constitutional morality intensifies the democratic framework of the nation by assuring that governance is established in justice, equality and respect for fundamental rights. Promoting and encouraging social justice- This concept safeguards minority rights and clashes with discriminatory practices, although they have social or religious acceptance. • Intercepting Majoritarianism- The concept Constitutional morality restrains the perils of majority superiority in society, assuring that laws and policies are made to safeguard every person, not just those in power or the preponderance. Guiding Judicial Interpretation- It assists the judiciary system in comprehending the Constitution of India in a manner which keeps up its essential doctrines and values particularly when statutory laws fall short of transporting justice. Esteems Indian’s Diversity- This assures a fair analysis of all groups. The National Education Policy (NEP), 2020 stimulates mother-tongue education, promoting cultural comprehensiveness. Fosters progressive reforms- The term Constitutional morality promotes affirmative social variations, like the permanent authority for women officers in The Indian Army in 2020. SOURCES OF CONSTITUTIONAL MORALITY: The sources of the concept Constitutional morality are following…. The Constitution- The essence of the concept Constitutional morality lies in Fundamental Rights of The Constitution of India (Articles 12-35), Directive Principles of State Policy of The Constitution of India (Articles 36-51) and Fundamental Duties under The Constitution of India. Constituent Assembly Debates- The conversations by Dr. B.R. Ambedkar and others endure to affect the enforcement of Constitutional morality. Ancient Frameworks- India fights against the colonial rule and actions for getting justice to build