‘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.
Approach · directive: “explain”
What it asks · Explain what constitutional morality means, where it comes from, and how courts have used it in decided cases, noting its limits.
The question has 2 parts — answer each
- Explain the doctrine of constitutional morality: its meaning, origin and the essential facets of the Constitution it rests on
- Illustrate with relevant judicial decisions that have applied it, noting its limits
Open with · Constitutional morality is fidelity to the Constitution's values and procedures, such as liberty, equality, fraternity and the rule of law, over popular or majoritarian sentiment.
Cover
- Origin: Ambedkar (Constituent Assembly, November 1948), following Grote, described it as reverence for constitutional forms and warned that it is not a natural sentiment.
- Content: it upholds the Preamble's values, fundamental rights, separation of powers, independence of institutions and accountable, limited government.
- Naz Foundation (Delhi High Court, 2009) and Navtej Singh Johar (2018) held constitutional morality, not public morality, must govern; Section 377 was read down.
- Sabarimala (2018) and Joseph Shine (2018) tested religious custom and the adultery law against dignity, equality and non-discrimination.
- Manoj Narula (2014) and Government of NCT of Delhi v. Union of India (2018) expected office-holders to act with constitutional trust, restraint and collaboration.
- Limits: the term is open-ended; courts must tie it to constitutional text and reasoning, so that it does not become judicial preference over democratic choice.
Close with · Constitutional morality is the ethic that binds State and citizens to the Constitution's vision; it protects minorities and institutions when applied with textual discipline.
Add value (verified)
- Ambedkar, quoting the historian Grote, defined constitutional morality as reverence for the forms of the Constitution combined with open speech and action subject only to definite legal control, and added that it had to be cultivated in India. Constituent Assembly Debates, Vol. VII, 4 November 1948 (Dr B. R. Ambedkar) - Parliament of India ↗“By constitutional morality Grote meant "a paramount reverence for the forms of the Constitution, enforcing obedience to authority acting under and within these forms yet combined with the habit of open speech, of action subject only to definite legal control”
Question: UPSC's CS (Main) 2021, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 217 words (UPSC limit 150) · Minimalist IAS
Constitutional morality means fidelity to the Constitution's values and procedures, such as liberty, equality, fraternity and the rule of law, over popular or majoritarian sentiment. Ambedkar, quoting Grote in the Constituent Assembly (November 1948), called it reverence for the forms of the Constitution and warned that in India it had to be cultivated.
Facets rooted in the Constitution
- Values: the Preamble and Part III supply the yardstick, so that law and custom are tested against dignity, liberty and equality.
- Structure: separation of powers, independent institutions and limited, accountable government.
- Counter-majoritarian: it shields individuals and minorities from the public morality of the moment.
Judicial decisions
- Naz Foundation (Delhi High Court, 2009) and Navtej Singh Johar (2018): constitutional, not public, morality governs; Section 377 was read down for consenting adults.
- Joseph Shine (2018): the adultery provision fell for treating the wife as the husband's property, offending dignity and equality.
- Sabarimala (2018): a religious custom of exclusion was tested against equality and non-discrimination.
- Manoj Narula (2014) and NCT of Delhi (2018): office-holders must act with constitutional trust, restraint and collaboration.
Limits
- Open-ended; unless tied to constitutional text and reasoning it risks becoming judicial preference over democratic choice.
Constitutional morality binds State and citizen to the Constitution's vision; applied with textual discipline, it protects minorities and institutions without displacing democratic choice.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.