Constitutional Morality - Main Points and Insights
Definition and Guiding Principle: Constitutional morality refers to the set of fundamental principles enshrined in the Constitution that guide judicial and governmental actions, emphasizing adherence to constitutional rights, equality, liberty, and fraternity. It is considered the conscience of the Constitution and serves as a higher standard than social or societal morality.["Bhanu Priya Sharma VS State of Rajasthan - 2022 0 Supreme(Raj) 2863"], ["Bhanu Priya Sharma VS State Of Rajasthan - Rajasthan"], ["Jyoti Chelani VS State of Rajasthan - Rajasthan"], ["Bhagwan Shrikrishna Virajman VS U. P. Sunni Central Waqf Board - Allahabad"]
Supremacy over Social and Public Morality: The judiciary is mandated to prioritize constitutional morality over social or societal morality, especially when conflicts arise. Courts must rely on constitutional morality to uphold fundamental rights and ensure justice, even if societal norms oppose it. This is reinforced in cases like Navjot Singh Johar and Union of India.["Bhanu Priya Sharma VS State of Rajasthan - 2022 0 Supreme(Raj) 2863"], ["Bhanu Priya Sharma VS State Of Rajasthan - Rajasthan"], ["Jyoti Chelani VS State of Rajasthan - Rajasthan"], ["Gorkha Ram S/o Likhmaram VS State of Rajasthan - Rajasthan"]
Role in Protecting Rights and Ensuring Justice: Constitutional morality is crucial in safeguarding individual rights, dignity, and anti-discriminatory principles. It acts as a benchmark against which practices, laws, and societal norms are tested, particularly under Articles 25 and 26 concerning religion, morality, and public order.["Bhagwan Shrikrishna Virajman VS U. P. Sunni Central Waqf Board - Allahabad"], ["Praveen Chetri vs State of U.P. - Allahabad"], ["P.Naveen Kumar vs District Collector, District Collector Office, Karur District - Madras"]
Relation with Social Morality: While social morality pertains to societal norms and customs, constitutional morality is rooted in the Constitution’s principles and must prevail to prevent societal prejudices from undermining constitutional guarantees. The courts have emphasized that constitutional morality should override social morality when conflicts occur.["Bhanu Priya Sharma VS State of Rajasthan - 2022 0 Supreme(Raj) 2863"], ["Bhanu Priya Sharma VS State Of Rajasthan - Rajasthan"], ["Jyoti Chelani VS State of Rajasthan - Rajasthan"], ["State of Madhya Pradesh VS Ram Bhagwan Pathak - Madhya Pradesh"]
Application in Religious and Cultural Practices: Constitutional morality influences the assessment of religious practices, ensuring they conform to constitutional principles, especially regarding equality and non-discrimination. Restrictions on religious practices are permissible if they align with constitutional morality and public order.["Bhagwan Shrikrishna Virajman VS U. P. Sunni Central Waqf Board - Allahabad"], ["Praveen Chetri vs State of U.P. - Allahabad"], ["P.Naveen Kumar vs District Collector, District Collector Office, Karur District - Madras"]
Universal and Moral Standard: Morality, in the constitutional context, is considered universal and essential for societal decay prevention. It is not merely personal belief but a legal and moral obligation embedded in constitutional duties.["State of Madhya Pradesh VS Ram Bhagwan Pathak - Madhya Pradesh"]
Judicial Emphasis: The judiciary has reiterated the importance of constitutional morality in upholding fundamental rights, privacy, and dignity, often placing it above societal or public morality in constitutional disputes.["Yadram VS State of Rajasthan, Through PP - Rajasthan"]
Analysis and Conclusion:Constitutional morality is a foundational concept that ensures the supremacy of constitutional principles over societal norms, social morality, or public opinion. It acts as a moral compass guiding courts and authorities to uphold fundamental rights, equality, and justice, especially in cases involving religion, personal freedoms, and social justice. Courts have consistently emphasized that constitutional morality must prevail to maintain the integrity of a constitutional democracy and protect individual dignity against societal prejudices or obscure social morals.
References:- ["Bhanu Priya Sharma VS State of Rajasthan - 2022 0 Supreme(Raj) 2863"], ["Bhanu Priya Sharma VS State Of Rajasthan - Rajasthan"], ["Jyoti Chelani VS State of Rajasthan - Rajasthan"], ["Gorkha Ram S/o Likhmaram VS State of Rajasthan - Rajasthan"], ["Bhagwan Shrikrishna Virajman VS U. P. Sunni Central Waqf Board - Allahabad"], ["Praveen Chetri vs State of U.P. - Allahabad"], ["S. Ramachandran VS State of Tamil Nadu Rep. By Its Chief Secretary Secretariat, Chennai - Madras"], ["P.Naveen Kumar vs District Collector, District Collector Office, Karur District - Madras"], ["State of Madhya Pradesh VS Ram Bhagwan Pathak - Madhya Pradesh"], ["Yadram VS State of Rajasthan, Through PP - Rajasthan"]
