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 (CM) means strict adherence to the Constitution’s core principles. Dr. Ambedkar championed it as a safeguard against majoritarianism and arbitrary state power.

1. Roots and Essential Facets

• Preamble Ideals: Anchored in the philosophical values of Justice, Liberty, Equality, and Fraternity, establishing a transformative vision.
• Fundamental Rights: Protects individual dignity, autonomy, and prohibits systemic discrimination (Articles 14, 15, 21).
• Rule of Law: Restricts arbitrary executive and legislative actions, ensuring institutional accountability (Basic Structure Doctrine).

2. Application via Landmark Judgments

• Supremacy over Social Morality: Decriminalized homosexuality, ruling that CM strictly outweighs regressive public morality (Navtej Singh Johar, 2018).
• Gender Parity: Allowed women’s temple entry, placing constitutional equality above discriminatory religious customs (Sabarimala Case, 2018).
• Individual Dignity: Struck down archaic adultery laws, upholding women’s sexual autonomy under CM (Joseph Shine, 2018).
• Cooperative Federalism: Mandated “constitutional trust” between the Lieutenant Governor and the elected state government (NCT of Delhi vs. UoI, 2018).

Constitutional morality acts as the Republic’s internal compass, preventing democratic subversion and guiding India’s continuous evolution into a truly egalitarian and progressive society.