Constitutional morality: Tool for interpreting laws and as a test to determine whether they are constitutional

In constitutional democracies it guides both the interpretation of the law and the exercise of democratic governance.

This demonstrates adherence to the fundamental principles set out in the Constitution, which guarantee equality, justice, liberty and fraternity.

In India, constitutional morality has acquired a certain currency, thanks in part to court decisions that have provided a progressive reading of the Indian Constitution.

Intricacies of Indian Constitutional Morality

• An accommodation between social standards and individual liberties is often required to preserve constitutional morality.
• Even if they contradict conventional or majoritarian beliefs, it ensures that laws protect fundamental rights
• Function in democratic administration Constitutional morality is the guarantor of democracy, Ambedkar said.
• It prevents the tyranny of the majority, and assures that the Constitution will remain the supreme law rather than the caprices of transient political authorities.
• The Changing Nature of Constitutional Morality As the society evolves and the judicial interpretation changes, so constitutional morality changes.
• In India, privacy, gender justice, and LGBTQ+ rights have expanded the territory of constitutional morality.

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Interpretations and Extensions by the Judiciary

• According to three of the thirteen judges in the Kesavananda Bharati case (1973) “the basic structure doctrine relates to Constitutional morality. ”
• The2017 judgment in K. S. Puttaswamy v. Union of India held the right to privacy is a fundamental right and that it is a necessary for constitutional morality.
• The Supreme Court said that the morality under Constitution takes precedence over morality in society in Navtej Singh Johar v. Union of India (2018), by decriminalizing Section 377.
• Sabarimala Temple Entry Case (2018), court held that equality and non- discrimination are preserve in constitutional morality.
Constitutional morality is still a compass for ensuring justice, equality and liberty for all Indians as the country navigates the challenges of contemporary governance.