Constitution, Constitutionalism and Constitutional Morality: Meaning, Features and Landmark Judgments

Introduction

The Indian Constitution is the supreme law of the country. It establishes the framework of government, defines the powers of different institutions and protects the rights of citizens. It also reflects the ideals of justice, liberty, equality and fraternity that guide India’s democratic system.

However, having a Constitution is not enough to ensure democratic governance. The government must exercise its powers within constitutional limits, and public institutions must respect the principles on which the Constitution is based. This is where the concepts of constitutionalism and constitutional morality become important.

Although these three concepts are closely related, each has a distinct role in protecting democracy and ensuring accountable governance.

What Is the Constitution?

A Constitution is the fundamental legal document that lays down the structure, powers and functions of government. It defines the relationship between the state and its citizens and establishes the rights and duties of individuals.

The Indian Constitution was drafted by the Constituent Assembly, which was formed following the Cabinet Mission Plan. The Assembly held 11 sessions over two years, 11 months and 18 days. The Draft Constitution was considered for 114 days.

Key Features of the Indian Constitution

The Indian Constitution has several distinctive features:

• Lengthy written Constitution: It provides a detailed framework for governance.
• Blend of rigidity and flexibility: Different amendment procedures allow some provisions to be changed more easily than others.
• Federal system with a unitary bias: Powers are divided between the Union and the states, while the Centre has certain stronger powers.
• Parliamentary system: The executive is responsible to the legislature.
• Independent judiciary: Courts protect constitutional rights and review the legality of government action.
• Fundamental Rights: These protect individual freedoms against arbitrary state action.
• Directive Principles of State Policy: These guide the government towards social and economic welfare.
• Fundamental Duties: These remind citizens of their responsibilities.
• Universal adult franchise: Citizens meeting the constitutional voting requirements can participate in elections.
• Independent constitutional bodies: Institutions such as the Election Commission of India, the UPSC and the Comptroller and Auditor General support accountable governance.

The Constitution also provides for secularism, single citizenship, emergency provisions and local self-government through the 73rd and 74th Constitutional Amendment Acts.

What Is Constitutionalism?

Constitutionalism refers to the principle that government power must be limited and exercised according to constitutional rules. Its purpose is to prevent arbitrary rule and protect individual freedom.

A country may have a written Constitution without practising genuine constitutionalism. The existence of a constitutional document alone does not guarantee that those in power will respect its limits.

Constitutionalism requires the government to remain accountable, respect fundamental rights and operate within the authority granted to it by the Constitution.

Basic Elements of Constitutionalism

The major elements of constitutionalism include:

1. Popular sovereignty: Government derives its authority from the people.
2. Separation of powers: Legislative, executive and judicial functions are distributed among different institutions.
3. Rule of law: Everyone, including public officials, is subject to the law.
4. Accountable government: Elections and institutional checks help hold the government responsible for its actions.
5. Independent judiciary: Courts protect constitutional supremacy and individual rights.
6. Fundamental Rights: Constitutional guarantees limit the arbitrary exercise of state power.
7. Civilian control over the military: The armed forces operate under constitutionally established civilian authority.
8. Legal control over policing: Police powers must be exercised according to law, with judicial oversight and safeguards for accused persons.

Landmark Judgments on Constitutionalism

S.R. Chaudhuri v. State of Punjab (2001)

The Supreme Court emphasised the importance of constitutional principles and warned against allowing political expediency to undermine constitutional governance.

I.R. Coelho v. State of Tamil Nadu (2007)

The Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 could be reviewed if they damaged the Constitution’s basic structure. The judgment reinforced constitutional supremacy and judicial review.

Rameshwar Prasad v. Union of India (2006)

The Supreme Court declared the May 2005 dissolution of the Bihar Legislative Assembly unconstitutional. The case highlighted the need to prevent arbitrary constitutional powers from being used for political purposes.

These judgments demonstrate that constitutionalism depends not merely on the existence of constitutional provisions but also on their effective enforcement.

What Is Constitutional Morality?

Constitutional morality means respecting the values, principles and spirit of the Constitution in public life and governance. It requires constitutional principles to guide decisions even when they conflict with prevailing social customs, political interests or popular opinion.

The term comes from the British historian George Grote, who used it in his History of Greece for a people’s paramount reverence for the forms of the constitution. Dr. B.R. Ambedkar brought constitutional morality into the Indian constitutional debate and emphasised the need to cultivate respect for constitutional methods and values. Moving the Draft Constitution on 4 November 1948, he warned that “constitutional morality is not a natural sentiment. It has to be cultivated.”

Constitutional morality places constitutional values above social prejudice and arbitrary exercises of power.

Key Dimensions of Constitutional Morality

Constitutional morality has several important dimensions:

• Rule of law: Government decisions must follow the law and respect equality before it.
• Democratic governance: Public institutions must remain accountable and respect democratic processes.
• Popular sovereignty: Political authority ultimately rests with the people.
• Protection of Fundamental Rights: Individual liberty and dignity must be protected against arbitrary state action.
• Social justice and equality: The Constitution requires efforts to address discrimination and promote substantive equality.
• Judicial independence: Courts must function impartially and protect constitutional rights.
• Institutional integrity: Public authorities must respect constitutional limits and perform their duties responsibly.

Constitutional morality is therefore broader than simply obeying the letter of the law. It also requires public institutions to respect the underlying constitutional values.

Landmark Judgments on Constitutional Morality

1. Naz Foundation v. Government of NCT of Delhi (2009)

The Delhi High Court decriminalised consensual same-sex relations between adults by reading down Section 377 of the Indian Penal Code. The judgment highlighted the importance of dignity, equality and minority rights. The Supreme Court reversed it in Suresh Kumar Koushal (2013), before Navtej Singh Johar restored the position in 2018.

2. K.S. Puttaswamy v. Union of India (2017)

The Supreme Court recognised privacy as a Fundamental Right under the Constitution, protected primarily through Article 21 and other constitutional freedoms. The judgment strengthened the principles of individual autonomy and dignity.

3. Navtej Singh Johar v. Union of India (2018)

The Supreme Court decriminalised consensual same-sex relations between adults by reading down Section 377 of the Indian Penal Code. It reaffirmed that constitutional values of liberty, dignity and equality must prevail over discriminatory social attitudes.

4. Indian Young Lawyers Association v. State of Kerala (2018)

In the Sabarimala case, the Supreme Court’s majority judgment held that excluding women of menstruating age from the temple violated constitutional guarantees. The case raised important questions about gender equality, religious freedom and constitutional morality.

5. Joseph Shine v. Union of India (2018)

The Supreme Court struck down the adultery offence under Section 497 of the Indian Penal Code. The judgment emphasised gender equality, dignity and individual autonomy.

These cases illustrate how constitutional morality can guide judicial decisions involving individual rights, social reform and the protection of historically marginalised groups.

6. Manoj Narula v. Union of India (2014)

On ministers with criminal antecedents, the Supreme Court said constitutional morality requires the Prime Minister and Chief Ministers to weigh such antecedents while advising appointments, though it did not bar them by law.

7. Government of NCT of Delhi v. Union of India (2018)

The Constitution Bench described constitutional morality as a check on high functionaries and asked the Lieutenant Governor and the elected government to work in harmony within the constitutional scheme.

Importance of Constitutional Morality

Constitutional morality plays a significant role in strengthening India’s democracy.

First, it protects individual rights. Fundamental rights cannot be made dependent solely on majority preferences or prevailing social attitudes.

Second, it promotes inclusive democracy. Constitutional governance must protect minorities and vulnerable communities, even when their rights are unpopular.

Third, it supports social reform. Constitutional principles provide a framework for challenging discriminatory practices and promoting equality.

Fourth, it strengthens public institutions. Elected representatives, government officials and judges must exercise their powers responsibly and respect constitutional boundaries.

Finally, it advances transformative constitutionalism. The Constitution is not merely an instrument for maintaining the existing social order; it also provides a framework for building a more just and equitable society.

Criticisms and Challenges

Despite its importance, constitutional morality raises certain challenges.

• Ambiguity: The concept does not always provide a precise test for resolving difficult constitutional disputes.
• Judicial subjectivity: Different judges may interpret constitutional values differently, creating concerns about judicial overreach.
• Conflict with popular morality: Constitutional principles may conflict with established social or religious beliefs, leading to resistance.
• Implementation gaps: Constitutional values may be recognised in law but inadequately reflected in administrative decisions and everyday governance.

These challenges make clear judicial reasoning, institutional accountability and public awareness essential.

Way Forward

Strengthening constitutional morality requires sustained efforts from institutions and citizens alike.

• Improve constitutional literacy through education and public awareness.
• Ensure consistent and reasoned judicial interpretation of constitutional principles.
• Strengthen accountability and transparency in public institutions.
• Protect fundamental rights and the independence of constitutional bodies.
• Encourage public dialogue on equality, liberty, dignity and social justice.
• Ensure that government discretion is exercised within constitutional limits.

Conclusion

The Constitution establishes the legal framework of India’s democracy, constitutionalism ensures that government power remains limited, and constitutional morality encourages public institutions to uphold the values underlying the constitutional order.

Together, these principles protect individual freedom, strengthen accountability and promote equality. Their effective implementation is essential for realising the constitutional vision of a democratic, just and inclusive India.

Frequently asked questions

What is the difference between the Constitution and constitutionalism?

The Constitution is the document that sets up and limits government. Constitutionalism is the principle that power must actually be exercised within those limits; a country can have a constitution without practising constitutionalism.

Who first used the term constitutional morality?

The British historian George Grote. Dr. B.R. Ambedkar quoted it in the Constituent Assembly on 4 November 1948.

Which Supreme Court judgments rely on constitutional morality?

Manoj Narula (2014), Government of NCT of Delhi (2018), Navtej Singh Johar (2018), the Sabarimala case (2018) and Joseph Shine (2018).

More BPSC Polity notes

This note is part of our series on the 40 Polity topics for 72nd BPSC Mains GS Paper II. Related notes:

• Preamble of the Indian Constitution
• Transformative constitutionalism
• Separation of powers in India
• Fundamental Duties (Article 51A)
• President of India: veto, ordinances and pardons
• Vice President of India
• Centre–state relations and the Governor

Practise with the Bihar polity and geography previous-year questions, and see where Polity sits in the exam in the BPSC syllabus and exam pattern.