‘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.
It asks 2 things — 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 processes over the popular morality of the moment; Ambedkar, quoting Grote (November 1948), called it reverence for constitutional forms that India must cultivate.
Cover
- Roots: the Preamble and Part III supply the yardstick of dignity, liberty and equality against which laws and customs are tested.
- Structure: separation of powers, independent institutions and limited, accountable government; a counter-majoritarian shield for individuals and minorities.
- Navtej Singh Johar (2018): Section 377 read down; constitutional morality cannot be 'martyred at the altar of social morality'.
- Joseph Shine (2018) and Sabarimala (2018) tested the adultery law and a religious custom against dignity, equality and non-discrimination.
- Manoj Narula (2014) and NCT of Delhi (2018): office-holders must act with constitutional trust, restraint and collaboration.
- Limits: an open-textured term that can become judicial preference; way forward is to tie each use to a specific Article and to fraternity and dignity.
Close with · Navtej held that constitutional morality needs fraternity that assures each individual's dignity; cultivating it in citizens and office-holders is the task Ambedkar set in 1948.
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”
- Navtej Singh Johar (2018): the Supreme Court held that constitutional morality cannot be sacrificed to social morality and alone must permeate the rule of law.Navtej Singh Johar v. Union of India, Supreme Court, 6 September 2018 - Indian Kanoon ↗“Constitutional morality cannot be martyred at the altar of social morality and it is only constitutional morality that can be allowed to permeate into the Rule of Law.”
- The Navtej judgment links constitutional morality to fraternity, which, as the Preamble recognises, assures the dignity of each individual.Navtej Singh Johar v. Union of India, Supreme Court, 6 September 2018 - Indian Kanoon ↗“Constitutional morality cannot, however, be nurtured unless, as recognised by the Preamble, there exists fraternity, which assures and maintains the dignity of each individual.”
Question: UPSC's CS (Main) 2021, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 221words · Minimalist IAS
Constitutional morality is fidelity to the Constitution's values and processes over the popular morality of the moment. Ambedkar, quoting the historian Grote in the Constituent Assembly (November 1948), called it 'a paramount reverence for the forms of the Constitution' that India had to cultivate.
The doctrine and its roots in the Constitution
- Values: the Preamble and Part III are the yardstick of dignity, liberty and equality.
- Structure: separation of powers, independent institutions and accountable government.
- Counter-majoritarian: it shields individuals and minorities from social morality.
Constitutional morality in judicial decisions
- 1948: Ambedkar in the Constituent Assembly
- 2014: Manoj Narula
- 2018: Navtej Johar, Joseph Shine, Sabarimala
- Navtej Singh Johar (2018): Section 377 was read down; constitutional morality "cannot be martyred at the altar of social morality".
- Joseph Shine (2018): the adultery law fell for treating the wife as the husband's property.
- Sabarimala (2018): a custom excluding women from worship was tested against equality.
- Manoj Narula (2014) and NCT of Delhi (2018): office-holders must act with constitutional trust and collaboration.
Limits and way forward
- Open texture: undefined, it can become judicial preference; tie each use to a specific Article and to fraternity and dignity.
As the Navtej Court observed, constitutional morality cannot be nurtured without fraternity that assures each individual's dignity; cultivating it in citizens and office-holders remains the task Ambedkar set in 1948.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
