‘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 2021, 10 Marks, )

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Constitutional Morality is rooted in Constitution

•   Upholding the supremacy of the Constitution: The Supreme Court, in the Kesavananda Bharati case, held that the Constitution is supreme and all laws and actions must conform to its provisions. This decision emphasized the importance of constitutional morality in upholding the integrity of the Constitution.

•   Protecting fundamental rights: In the Maneka Gandhi case, the Supreme Court held that constitutional morality requires the protection of fundamental rights, even if they are not expressly mentioned in the Constitution. This decision expanded the scope of constitutional morality to include the protection of individual liberties.

•   Promoting equality and non-discrimination: The Supreme Court, in the Navtej Singh Johar case, decriminalized homosexuality, stating that constitutional morality demands the recognition of equal rights for all individuals, irrespective of their sexual orientation. This decision highlighted the importance of constitutional morality in promoting equality and non-discrimination.

•   Safeguarding the principles of federalism: In the S.R. Bommai case, the Supreme Court held that constitutional morality requires the protection of federalism, and any attempt to undermine the federal structure of the Constitution is unconstitutional. This decision emphasized the significance of constitutional morality in preserving the principles of federalism.

•   Ensuring separation of powers: The Supreme Court, in the Indira Nehru Gandhi case, held that constitutional morality demands the separation of powers between the executive, legislature, and judiciary. This decision underscored the importance of constitutional morality in maintaining the balance of power among the three organs of the state.

•   Upholding the rule of law: In the ADM Jabalpur case, the Supreme Court held that constitutional morality requires the protection of the rule of law, even during times of emergency. This decision emphasized the indispensability of constitutional morality in upholding the rule of law and preventing arbitrary exercise of power.

•   Promoting social justice: The Supreme Court, in the Indra Sawhney case, upheld the concept of reservation for socially and educationally backward classes, stating that constitutional morality demands the promotion of social justice.