Constitutional Morality
Context:
The CJI DY Chandrachud, at the inauguration of the East Zone-II Regional Conference of the National Judicial Academy in Kolkata, emphasised the importance of constitutional morality in the Judiciary.
More in News:
- At the same meeting, the West Bengal Chief Minister called for an “absolutely pure and honest” judiciary which is “free of political biases”.
- She was highlighting this based on the Calcutta High Court order cancelling all appointments made through a 2016 teacher recruitment test.
- With Justice Abhijit Gangopadhyay( had ordered the investigation on the recruitment test) quitting Judiciary and joining politics to become an MP it raises questions on the biases of the judgement.
Constitutional Morality
The concept was elaborated by Dr. BR Ambedkar in Constituent Assembly debates It means:
CJI Chandrachud views on constitutional morality:
Unlike morality, which is a restraint on the rights of citizens, constitutional morality is a restraining factor on the state.
- Constitutional morality addresses itself to every component of society and allows for conditions which respect diversity, promote inclusion and pursue tolerance.
- Judicial independence can only exist when all organs of the state adhere to constitutional morality by not breaching their constitutional limits.
- Personal perceptions of a judge as to what is right or wrong must not override constitutional morality. He highlights this in the context that it is being increasingly found that judges write about their own ideologies in judgments.
The SC in following cases, has emphasised Judicial Independence:Judicial Independence
Constitutional morality in Indian Constitution
Though the term constitutional morality is not explicitly used in the Indian Constitution, it is deeply embedded in several of its sections:
- Preamble: It outlines the principles that underpin our democracy, including justice, liberty, equality, and fraternity.
- Fundamental Rights: It safeguards individuals’ rights against the arbitrary use of state power. Supreme Court allows for the enforcement of these rights under Article 32.
- Directive Principles: They provide guidelines for the state to pursue the goals set by the constitution’s framers, drawing from Gandhian, socialist, and liberal intellectual philosophies.
- Checks and Balances: It includes judicial review of legislative and executive actions, legislative oversight of the executive, etc.
Supreme Court’s viewpoint
- Krishnamoorthy case: The court emphasised that constitutional morality is essential for good governance.
- Union of India vs Government of the NCT of Delhi: The Court linked constitutional morality to a “second basic structure doctrine”, emphasising its role in curbing arbitrary authority.
- Justice K S Puttaswamy and Anr. vs. Union of India and Ors.: While upholding the constitutional validity of Aadhaar with certain restrictions, the Court reiterated its duty to uphold constitutional morality by nullifying any law or executive action that contravenes the Constitution.
SC on Constitutional morality vs Social morality
- Navtej Singh Johar & Ors. vs Union of India (2018): the Supreme Court held that Section 377 infringed upon the rights of the LGBTQI community and violated the fundamental values of individual dignity as enshrined in Articles 14, 19, and 21 of the Constitution.
- The Supreme Court ruled that Constitutional Morality takes precedence over social morality.
- Sabarimala case: The Supreme Court bypassed the “doctrine of essentiality” by allowing women entry into the temple to uphold Constitutional morality over social morality.
Concerns:
- Ambiguity: The concept of constitutional morality is not clearly defined, and it can be misused to justify a wide range of actions and decisions, which undermines the principle of predictability and the rule of law.
- Lack of popular legitimacy: constitutional morality is sometimes not based on popular consent and is imposed on society in opposition to public/social morality.
- Can lead to judicial overreach: This can lead to a violation of the separation of powers.