The evolution and judicial application of constitutional morality in Indian governance
Constitutional morality refers to the adherence to the spirit and conventions of the Constitution rather than just its literal text. Dr. B.R. Ambedkar famously argued that constitutional morality must be cultivated, as democracy in India is a 'top-dressing' on an essentially undemocratic soil. The judiciary has increasingly used this concept to check arbitrary state actions and ensure accountability. Landmark cases like the Sabarimala judgment and Manoj Narula vs Union of India have applied this principle to uphold the rule of law and prevent the misuse of power by state functionaries.
Key Points
- Constitutional morality involves rules of propriety and conduct among constitutional functionaries that go beyond written law.
- Dr. B.R. Ambedkar drew the concept from historian George Grote to emphasize the need for a 'passionate attachment' to the Constitution.
- The Supreme Court uses this principle to strike down actions that are arbitrary or violate the core values of the Constitution.
- It acts as a bridge between ethics and law, ensuring that the spirit of justice and equality is maintained in governance.
Exam Facts
- Indian Young Lawyers Association vs The State of Kerala (2018) - Sabarimala case.
- Manoj Narula vs Union of India - regarding Article 75 and ministerial disqualification.
- S.P. Gupta case - Justice Venkataramiah's observations on constitutional conventions.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.