The Contours of Constitutional Morality in India

The relationship between law and morality has long engaged philosophers, jurists, and lawmakers alike.
The central question persists — should law enforce moral standards or remain neutral, detached from ethical imperatives?

From the ancient Indian concept of dharma to the modern constitutional framework, India’s legal philosophy reflects a continuous dialogue between moral values and legal obligations. This dynamic relationship forms the foundation of what modern jurisprudence calls “constitutional morality” — the ethical soul of India’s democracy.

Law and Morality: A Historical Context

The debate over the intersection of law and morality gained prominence during the Hart–Devlin debate (1960s).

• Lord Devlin asserted that law must enforce moral standards to preserve the fabric of society.

• H.L.A. Hart, on the other hand, cautioned that moral disapproval should not dictate legal prohibition.

This theoretical divide materialised in Shaw v. DPP (1962 AC 220), where the House of Lords upheld the State’s power to preserve moral welfare.

In the Indian context, the Supreme Court recognised this link in Rathinam v. Union of India (1994), quoting Justice Frankfurter’s observation in Solesbee v. Balkcom (1949) — that law embodies a system of rights rooted in moral principles consistent with justice and fairness.

India’s civilisational ethos has always merged law with morality through the ancient idea of “Dharma” — a moral and legal order ensuring balance and righteousness. Texts like the Tirukkural highlighted Aram (virtue) as central to righteous living, reflecting that law and morality were once inseparable in Indian thought.

Dynamic Interaction Between Law and Morality

The interaction between law and morality is dynamic, not static.

• At times, law leads morality — for instance, the abolition of untouchability (Article 17) preceded its full social acceptance.

• At other times, law follows morality — as seen in the gradual recognition of gender equality, LGBTQ+ rights, and privacy.

Thus, law both reflects and shapes society’s ethical consciousness.

However, the challenge lies in ensuring that law embodies fundamental ethical imperatives, not transient or majoritarian sentiments.
In a diverse and pluralistic democracy like India, this delicate balance safeguards justice, inclusivity, and legitimacy.

Constitutional Morality: The Indian Perspective

The doctrine of constitutional morality represents a crucial advancement in India’s legal and moral discourse. It was popularised through several landmark judgments of the Supreme Court of India, which interpreted the Constitution as not merely a legal document but a moral charter for governance.

In State (NCT of Delhi) v. Union of India (2018), the Court held that constitutional morality extends beyond allegiance to the constitutional text.
It encompasses:

• Liberal values,

• Participatory governance, and

• Ethical conduct by public authorities.

Similarly, in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the right to privacy was recognised as intrinsic to constitutional morality — mandating the State to act within the rule of law and respect human dignity.

Through these rulings, the Court underscored that constitutional morality is a guiding compass, ensuring that power is exercised with fairness, restraint, and accountability.
It transforms governance from mere legality into ethical legitimacy.

Beyond the Courts: Accountability and Democratic Ethics

Not all breaches of constitutional morality are legally punishable. Some manifest as violations of constitutional conventions or democratic ethics — such as misuse of majority power, suppression of dissent, or disregard for parliamentary norms.

Such transgressions must be addressed through political, civic, and moral accountability, rather than purely judicial remedies.

Institutions like Parliament, the media, and the electorate play a crucial role in upholding this ethical framework.
This broader understanding reiterates that the preservation of constitutional morality is a shared responsibility — not confined to the judiciary, but resting upon citizens, lawmakers, and public institutions.

Dr. B.R. Ambedkar and the Cultivation of Constitutional Morality

Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, envisioned constitutional morality as the foundation of democratic success.
He cautioned that —

“Constitutional morality is not a natural sentiment. It has to be cultivated.”

For Ambedkar, constitutional morality implied respect for the rule of law, liberty, equality, fraternity, and institutional ethics — values essential to transform democracy from paper to practice.

Thus, constitutional morality bridges the gap between law and conscience, between the Constitution’s letter and its spirit.

The Road Ahead: Nurturing Constitutional Morality

The future of India’s democratic ethos depends on cultivating constitutional morality among all stakeholders — lawmakers, judges, administrators, and citizens alike.

To strengthen this ethos:

• Legal education must integrate ethics and constitutional values.

• Public institutions should act transparently, respecting checks and balances.

• Civic awareness must encourage citizens to uphold constitutional ideals in everyday life.

In a rapidly changing society, constitutional morality serves as the ethical anchor — preserving the sanctity of rights and the dignity of every individual.

Conclusion

The relationship between law and morality is both timeless and evolving.
From the ancient dharma to modern constitutional jurisprudence, morality has remained the soul of justice.

As India progresses, it must continue nurturing constitutional morality — the living spirit that transforms the Constitution from a static text into a vibrant moral force ensuring justice, equality, and liberty for all.

Ultimately, the strength of Indian democracy will not rest merely on its laws, but on the moral consciousness of its people — ensuring that the Constitution remains not just a document of ideals, but the living embodiment of justice in action.

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