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Role of Constitutional Morality in Judicial Interpretation
Context:
In recent years, constitutional courts have increasingly invoked the concept of “constitutional morality” as a tool for interpreting statutes and assessing their validity.
Constitutional morality refers to the commitment to uphold the fundamental principles of a constitution, which includes supporting an inclusive and democratic political process. It involves respecting the rule of law, protecting citizens’ freedoms, and ensuring that government actions do not infringe on individual liberties.
More about the Concept
- Some view it as a safeguard against the shifting tides of public morality, while others see it as a “dangerous weapon.”
- Landmark Supreme Court judgments such as Navtej Singh Johar v. Union of India (2018) and Joseph Shine v. Union of India (2018) have revitalised this ancient concept, framing it as both an ideal of justice and a guiding principle for the law.
- Given its significance, constitutional morality has become central to contemporary debates on issues such as the rights of sexual minorities, women’s entry into temples, freedom of speech, and the balance between national security and civil liberties.
- However, to truly understand its implications, it is essential to revisit the origins of this profound yet elusive idea.
- The original formulation by British classicist George Grote offers a compelling perspective on how constitutional morality can enhance democratic engagement.
Revisiting the Roots
- Grote, in his A History of Greece, celebrated Athenian democracy as a pivotal event in Greek history, describing it as the product of a “rare and difficult sentiment”—what he termed constitutional morality.
- He defined it as a “paramount reverence for the forms of the constitution,” emphasising adherence to both its structure and procedural mechanisms to resolve disputes.
- In this framework, the rule of law was supreme, and the actions of citizens were bound only by legal principles, not by arbitrary censure from authorities.
- Grote argued that the longevity of a constitution depended not just on well-drafted legal provisions but on cultivating a civic culture that upholds constitutional norms.
- This culture required public reason, self-restraint, and an unwavering belief that even those with differing political views would respect the Constitution’s principles, particularly in times of intense political conflict.
Dr. B.R. Ambedkar
- Dr. Ambedkar echoed these sentiments in his speech on The Draft Constitution on November 4, 1948.
- He recognised that democracy in India would need to nurture constitutional morality, as it was not an innate sentiment but one that had to be consciously cultivated to sustain a free and peaceful democratic order.
- However, Dr. Ambedkar also acknowledged the challenges in achieving this ideal.
- He warned that a constitution could be subverted without altering its text—merely by distorting its administration to contradict its spirit.
- For him, self-restraint was fundamental to preserving freedom under a well-functioning government.
Commitment Coupled with Critique
- This interpretation of constitutional morality underscores that adherence to constitutional principles must be unwavering and not contingent upon whether the outcomes align with the beliefs of specific groups.
- Citizens must be prepared to accept results that diverge from their expectations while continuing to uphold the constitutional framework.
- The strength of constitutional morality lies in its ability to balance competing imperatives.
- It mandates respect for constitutional processes while allowing for their critique and reform.
- It upholds the importance of following established procedures while simultaneously permitting their reevaluation.
- Most importantly, it does not demand blind allegiance to the Constitution but rather envisions it as a mechanism for managing differences through structured deliberation.
- This perspective contrasts with Jürgen Habermas’ concept of constitutional patriotism, which links political allegiance to solidarity rooted in constitutional norms and values.
- While constitutional patriotism emphasises cultural nationalism’s moderating effect, constitutional morality promotes a more pluralistic democratic model that respects process over singular identity-based interpretations.
