Q. ‘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.

Model Answer: 

Constitutional Morality, a doctrine rooted in the Indian Constitution, embodies the fundamental principles and values that underpin our constitutional democracy. It is founded on essential facets derived from the Preamble, Fundamental Rights, and Directive Principles.

Key aspects of Constitutional Morality include:

• Rule of law
• Equality and non-discrimination
• Individual dignity and liberty
• Social justice
• Separation of powers

The Supreme Court has elucidated this doctrine through several landmark judgments:

1. Navtej Singh Johar v. Union of India (2018):
– Decriminalized consensual same-sex relations
– Emphasized individual autonomy and equality

2. Indian Young Lawyers Association v. State of Kerala (2018):
– Allowed women’s entry into Sabarimala temple
– Upheld gender equality in religious practices

3. Joseph Shine v. Union of India (2018):
– Struck down adultery law
– Affirmed women’s dignity and agency

4. Common Cause v. Union of India (2018):
– Recognized right to die with dignity
– Expanded scope of right to life

These judgments demonstrate how Constitutional Morality guides constitutional interpretation, safeguarding fundamental rights and promoting social transformation. It serves as a beacon for courts to:
• Protect minority rights (e.g., LGBTQ+ rights)
• Challenge discriminatory practices (e.g., gender-based exclusion)
• Uphold individual liberty (e.g., personal choices)
• Ensure human dignity (e.g., end-of-life decisions)

Constitutional Morality thus acts as a vital tool in realizing the Constitution’s transformative vision, fostering a more inclusive and just society.

Conclusion: Constitutional Morality, deeply embedded in India’s constitutional framework, guides judicial interpretation to uphold democratic values and fundamental rights.