Constitutional Morality

• 14 Oct 2025

In public administration, especially in the context of the Indian polity, certain fundamental ethical principles serve as the bedrock for fostering a fair, transparent, and accountable governance system. The concepts of Constitutional Morality, Conflict of Interest, Probity, and Integrity are crucial in ensuring that public servants adhere to high standards of conduct, enabling the state to function effectively and impartially. These principles are essential not only for personal conduct but also for the sustenance of democratic institutions and the rule of law.

What is Constitutional Morality?

Constitutional morality is not a natural sentiment. It has to be cultivated. – Dr BR Ambedkar

Constitutional morality entails the adherence to constitutional norms within a democratic system. It goes beyond the literal interpretation to encompass a commitment to values such as sovereignty, social justice, and equality in constitutional adjudication. 

Key Elements: 

• Rule of Law: Supremacy of law over arbitrary power. 
• Justice, Liberty, Equality, Fraternity: Upholding the foundational values of the Constitution. 
• Democratic Principles: Ensuring representative democracy and accountability. 
• Fundamental Rights: Respecting and protecting rights such as equality, freedom, and dignity. 
• Separation of Powers: Maintaining balance among the legislative, executive, and judiciary. 
• Checks and Balances: Preventing abuse of power through institutional mechanisms. 
• Ethical Governance: Promoting transparency, accountability, and integrity in public service. 

Constitutional morality is essential for good governance. – Supreme Court (Krishnamoorthy case) 

What Ethical Principles Form the Foundation of Constitutional Morality? 

• Respect for Fundamental Rights: Constitutional morality requires public servants to uphold fundamental rights such as equality, freedom of speech, and protection from discrimination.  
  • Ethical governance ensures that decisions do not infringe upon these rights, ensuring every citizen is treated with dignity. 
• Adherence to Rule of Law: The rule of law is a cornerstone of constitutional morality, meaning laws must apply equally to all, including those in power.  
  • Ethical governance mandates public servants act in accordance with the law, ensuring fairness and justice. 
• Commitment to Justice and Equality: Public servants must ensure that all individuals, irrespective of caste, religion, or gender, are treated equally.  
  • Ethical decision-making requires promoting social justice and addressing historical inequalities like caste discrimination and gender bias. 
• Secularism and Pluralism: Constitutional morality mandates adherence to secularism, ensuring state neutrality in religious matters, and promotes pluralism by respecting India's diverse cultures, religions, and languages.  
  • Public servants are ethically required to foster an inclusive society that celebrates diversity. 

Examples: 

The Supreme Court’s landmark judgment in Navtej Singh Johar vs. Union of India (2018), where the Court decriminalized Section 377 of the IPC (which criminalized homosexuality), was a reflection of constitutional morality in practice. The judgment was based on the principle of dignity and equality guaranteed by the Constitution. 

Also, in Sabarimala Case (Indian Young Lawyers Association vs. State of Kerala), the Supreme Court prioritized the constitutional values of Equality and Dignity over restrictive religious customs, uphelding Constitutional Morality. 

How Does Constitutional Morality Differ From Popular Morality? 

Constitutional morality often requires public functionaries to act in accordance with constitutional principles rather than popular sentiments. 

• Popular morality is guided by social norms, traditions, and majoritarian opinions, which may not always uphold justice or equality. 
• Constitutional morality, on the other hand, prioritizes rational, rights-based, and egalitarian values enshrined in the Constitution. 

In What Ways Does the Preamble Embody Constitutional Morality? 

The Preamble to the Constitution is considered the soul of constitutional morality, encapsulating its highest values: 

• Sovereign, Socialist, Secular, Democratic, Republic: Defines the nature of the Indian State and the limits of its actions. For instance, the commitment to 'Secularism' is a moral mandate for public servants to maintain religious neutrality. 
• Justice (Social, Economic, and Political): Imposes a moral duty on the executive to actively work towards reducing inequalities. 
• Liberty (of thought, expression, belief, faith, and worship): The moral bedrock for guaranteeing dissent and free speech. 
• Fraternity (assuring the dignity of the individual and the unity and integrity of the Nation): The most fundamental moral directive, requiring the state to treat every citizen with inherent dignity. 

How Can Constitutional Morality be Cultivated Within Public Administration? 

For a public servant, constitutional morality translates into several specific duties and attitudes: 

Principle	Practical Application in Administration
Transformative Constitutionalism	Recognizing the Constitution as a living document intended to actively transform society towards egalitarian goals, rather than merely maintaining the status quo.
Courage of Conviction	The ethical requirement to implement policies and protect rights that align with the constitutional spirit, even under pressure from political superiors or societal opposition. This includes protecting whistleblowers or standing up against corruption that violates the state's ethical governance mandate.
Substantive Equality	Moving beyond formal equality (treating everyone the same) to achieving substantive equality (recognizing historical disadvantage and making special provisions, such as affirmative action or targeted welfare, to ensure equal outcomes).
Constitutional Culture	Fostering an administrative culture that prioritizes openness, dialogue, and rational justification for all decisions, ensuring that public authority is exercised as a trust for the people, not as personal power.

Therefore, Constitutional Morality is the moral engine that ensures the state operates not just legally, but righteously, translating India's democratic aspirations into transparent and accountable governance that protects the rights of every citizen, particularly the most vulnerable. 

“Constitutional morality embodies the very spirit of the Constitution. It demands filling the silences within the Constitution to strengthen and realize its true essence. Further, it lays down the norms necessary for institutions to endure and calls for conduct that aligns not merely with the text, but with the soul of the Constitution itself.” 

- Former CJI D.Y. Chandrachud

Previous Year Questions (PYQs) on Constitutional Morality 

1. What is meant by the term ‘constitutional morality’? How does one uphold constitutional morality? (150 Words) (2019) 

2. Write short notes on the following in 30 words each: (2*5 = 10 Marks) (2022)

(I) Constitutional morality 
(II) Conflict of interest 
(III) Probity in public life 
(IV) Challenges of digitalization 
(V) Devotion to duty  

Frequently Asked Questions (FAQs) 

1. What exactly is Constitutional Morality?
Constitutional Morality isn't just about following the literal text of the Constitution. It's a deeper commitment to its core values and spirit, including justice, liberty, equality, and fraternity. As Dr. B.R. Ambedkar noted, it's not a natural feeling but a principle that must be actively cultivated to ensure democracy functions ethically. 

2. How is Constitutional Morality different from popular morality?
They can be very different. Popular morality is based on social norms, traditions, or the majority's opinion, which may not always be just or fair. Constitutional Morality, on the other hand, is based on the rational, rights-based, and egalitarian principles of the Constitution. A public servant guided by constitutional morality must uphold these principles even if they conflict with popular sentiment. 

3. Why is this concept so important for public administration?
It serves as the ethical bedrock for governance. For a public servant, it means: 

• Upholding the Rule of Law over arbitrary power. 
• Protecting the Fundamental Rights of every citizen. 
• Promoting social justice and equality. 
• Maintaining transparency and accountability. In essence, it ensures the state operates not just legally, but also righteously. 

4. Can you give a real-world example from India?
Yes. The Supreme Court’s landmark judgment in Navtej Singh Johar vs. Union of India (2018), which decriminalized homosexuality, is a prime example. The Court prioritized the constitutional values of dignity, liberty, and equality over prevailing social or popular morality. The Sabarimala temple entry case is another example where constitutional values were upheld over restrictive religious customs. 

5. How does the Preamble of the Indian Constitution relate to this?
The Preamble is considered the "soul of constitutional morality." It encapsulates the highest moral directives for the state. Words like 'Secular,' 'Socialist,' 'Justice,' and 'Fraternity' are not just descriptions; they are moral mandates that impose a duty on public servants to act in a certain way—be it maintaining religious neutrality or working to reduce inequality. 

6. How can a public servant develop Constitutional Morality?
An administrator can cultivate it by: 

• Having the courage of conviction to uphold constitutional principles, even against political or social pressure. 
• Aiming for substantive equality (equal outcomes through measures like affirmative action) rather than just formal equality (treating everyone the same). 
• Viewing the Constitution as a living document meant to transform society towards more egalitarian goals. 
• Fostering an administrative culture of openness, dialogue, and accountability.