Mains Practice Questions

Introduction:

Constitutional morality refers to a commitment to the core values of the Constitution, such as liberty, equality, fraternity, rule of law, and respect for institutions—beyond the mere text of constitutional provisions.

• Coined in the Indian context by Dr. B.R. Ambedkar, it paramount allegiance to the Constitution and its methods.
• Without this moral compass, constitutional arrangements risk becoming hollow or authoritarian in practice.

Body:

Why Constitutional Provisions Alone Are Insufficient ?

• Law Without Moral Commitment Can Be Subverted: A Constitution provides formal rules, but democratic governance depends on how those rules are interpreted and practiced.
  • For instance, Article 356 (President’s Rule) was constitutionally valid yet frequently misused in the past for partisan ends, undermining federalism.
    • It was judicial intervention (S.R. Bommai v. Union of India, 1994) and evolving constitutional morality, not the provision itself, that curtailed its arbitrary use.
• Gaps Between Constitutional Law and Administrative Action: Systemic biases and bureaucratic discretion can lead to unequal enforcement of laws, meaning that even clear constitutional guarantees like Article 14 (equality before law) may not translate into actual fairness on the ground.
  • Judicial emphasis on substantive equality under Articles 14 and 15 reflects the idea that constitutional values must restrain majoritarian impulses.
• Institutional Autonomy Requires Ethical Self-Restraint: Independent institutions like the Election Commission, judiciary, and civil services derive authority from the Constitution, but their credibility depends on moral neutrality and integrity.
  • The Constitution grants powers, yet constitutional morality ensures these powers are exercised impartially, as seen in judicial assertions of independence under Articles 124 and 217.
• Limits of Constitutional Provisions in Regulating Discretion: The Constitution grants wide discretionary powers to constitutional authorities, but their misuse can undermine democracy if not guided by constitutional morality.
  • For instance, the discretionary role of Governors under 200 in reserving bills has often raised questions of partisanship.
    • In State of Tamil Nadu vs. Governor of Tamil Nadu (2025), the Supreme Court clarified that Governors must act on State Bills within a time-bound framework and in accordance with the aid and advice of the Council of Ministers under Article 200, without exercising independent discretion.
    • Also, Judicial observations in Nabam Rebia v. Deputy Speaker (2016) highlighted that constitutional functionaries must act with neutrality and restraint, reflecting moral commitment beyond textual authority.
• Evolving Social Contexts: Constitutional provisions are static; society evolves. Without moral engagement, the Constitution cannot address emerging challenges.
  • While decriminalizing homosexuality (Navtej Singh Johar v. Union of India), the Supreme Court emphasized that social morality cannot justify the infringement of an individual’s fundamental rights; constitutional morality must not be sacrificed on the altar of social morality.

Role Of Constitutional Morality In Sustaining Democracy

• Protecting Individual Rights And Dignity: Constitutional morality has been central to expanding the scope of fundamental rights.
  • Judicial interpretations of Article 21 have gone beyond procedural legality to include dignity, privacy, and personal autonomy.
  • This reflects how moral reasoning animates constitutional text to protect democratic freedoms in changing social contexts.
• Upholding Social Justice And Transformative Constitutionalism: India’s Constitution is transformative in nature, aiming to correct historical injustices.
  • Constitutional morality guides the interpretation of provisions like Articles 17(which abolishes "untouchability" in all forms), ensuring that social justice is not treated as a formal promise but as an ethical obligation of the state and society.
• Ensuring Responsible Political Conduct: Democratic governance requires not just constitutional offices, but constitutional behavior.
  • Practices such as respecting opposition voices, legislative debate, and parliamentary conventions are not always enforceable by law.
  • They survive because of constitutional morality embedded in democratic culture rather than explicit provisions.
• Preserving Federal Balance And Cooperative Governance: Constitutional morality restrains the excessive centralization of power and promotes respect for federal principles enshrined in Articles 1, 245, and 246.
  • For example, the Supreme Court in S.R. Bommai v. Union of India (1994) emphasized that federalism is part of the basic structure. This ensures democratic governance across diverse states.
• Safeguarding Parliamentary Democracy And Conventions: Many democratic practices such as cabinet responsibility, question hour, and respect for parliamentary opposition are conventions rather than enforceable rules.
  • Constitutional morality sustains these unwritten norms by encouraging ethical legislative conduct under Articles 75 and 105, ensuring accountability and deliberative democracy rather than mere procedural majorities.
• Enabling Peaceful Dissent And Democratic Pluralism: A healthy democracy requires tolerance of dissent and diversity of opinion. Constitutional morality guides the interpretation of freedoms under Article 19, ensuring that restrictions are reasonable and proportionate.
  • Judicial scrutiny of sedition and preventive detention laws reflects the principle that democratic stability cannot come at the cost of silencing constitutional dissent.

Measures to Safeguard Constitutional Morality

• Ethical Exercise Of Constitutional Powers: Constitutional authorities must exercise discretion with restraint, neutrality, and transparency. Powers granted under provisions relating to ordinances and President’s Rule, should be used as exceptions, not political tools, in line with the spirit of democracy.
• Strengthening Institutional Independence And Accountability: Institutions like the judiciary, Election Commission, legislature, and civil services must function autonomously while remaining accountable to constitutional values.
  • Appointments, transfers, and decision-making should be insulated from partisan influence to preserve public trust.
• Respect For Fundamental Rights And Dissent: Upholding freedoms of speech, association, and conscience is central to constitutional morality.
  • Democratic governance requires tolerance of criticism, peaceful protest, and minority viewpoints, even when they challenge those in power.
• Internalization Of Constitutional Values In Political Culture: Beyond legal compliance, political actors must respect parliamentary conventions, opposition rights, and deliberative debate.
  • Democratic norms such as consensus-building, transparency, and civility sustain constitutional morality in everyday governance.
• Civic Education And Public Awareness: Citizens play a crucial role by understanding and defending constitutional values such as liberty, equality, fraternity, and secularism.
  • Constitutional literacy through education, media, and civil society ensures that morality is socially embedded, not institutionally confined.

Conclusion:

Constitutional provisions provide the structural framework of democracy, but constitutional morality gives it life and direction. The endurance of Indian democracy depends not only on the Constitution’s text, but on the collective moral fidelity of institutions, leaders, and citizens to its spirit.