Constitutional morality: the origins and nuances of the concept

(Source – The Hindu, International Edition – Page No. – 11)

Embracing Constitutional Morality in Courts

• Constitutional courts have recently adopted the concept of “constitutional morality” to interpret and assess the validity of laws.

• Some see it as a check on the changing nature of public morality, while others view it as a “dangerous weapon.”

• The Supreme Court has emphasized constitutional morality as a guiding principle in cases related to sexual minorities’ rights, women’s entry into temples, free speech, and the balance between national security and civil liberties.

Historical Origin of Constitutional Morality

• The term was originally conceptualized by a British scholar George Grote who focused on the importance of adhering to both the forms and procedures of a constitution.

• He argued that the constitution’s survival depends not just on written rules but also on citizens’ respect for these rules, regardless of political differences.

• A civic culture that honors constitutional forms is necessary for a constitution’s long-term effectiveness in resolving conflicts and disputes.

Dr. Ambedkar’s Perspective on Constitutional Morality

• In his speech on the Draft Constitution, Dr. Ambedkar emphasized that India’s democracy would need to cultivate constitutional morality, as it wasn’t naturally ingrained in the polity.

• He believed that for a democracy to thrive, constitutional morality must be established and spread.

• He also warned that it was possible to undermine the Constitution by altering administrative practices, which could contradict its spirit.

Balance Between Commitment and Critique

• Constitutional morality emphasizes the importance of following constitutional processes while still allowing for critique and reform.

• It is not about blind loyalty to the Constitution but managing differences through established procedures.

• This approach promotes a mature form of constitutionalism that balances reverence for the Constitution with the ability to adapt and reform it, ensuring a stable yet flexible system of governance.