UPSC Mains Answer: ‘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.

Difficulty Level: Medium

Pre-requisite: Understanding of the Basic Structure Doctrine (originating from Kesavananda Bharati v. State of Kerala, 1973) and its role in limiting parliamentary sovereignty to protect constitutional values. Familiarity with the Constituent Assembly Debates

Sub-category: Polity: Constitutional Framework and Judicial Review

---

The doctrine of 'Constitutional Morality' (CM) embodies the adherence to the core principles and values enshrined in the Constitution, transcending mere textual compliance to uphold its spirit. Rooted in the Preamble, Fundamental Rights, and Directive Principles, CM mandates governance that aligns with constitutional ideals like justice, liberty, equality, and fraternity. The Supreme Court has elucidated CM through landmark judgments. In Kesavananda Bharati v. State of Kerala (1973), the Court emphasized that constitutional amendments must not violate the 'basic structure', reflecting CM’s essence. Navtej Singh Johar v. Union of India (2018) decriminalized homosexuality, asserting that CM demands equality and non-discrimination, even when societal morality diverges. Similarly, Government of NCT of Delhi v. Union of India (2018) reinforced federalism as a facet of CM, ensuring democratic governance. CM thus acts as a moral compass, guiding institutions to prioritize constitutional values over transient majoritarian or executive whims, ensuring enduring democratic integrity.