Constitutional Morality: The Pillar of

Justice, Equality, and Democratic

Governance in India"

Dr. Ripon Bhattacharjee

Assistant Professor of Law
National Law University, Tripura
• We celebrate Constitution Day on 26th November every year in India to
commemorate the adoption of the Constitution of India in 1949. This day
marks a significant milestone in India's journey as an independent nation.
• Historical Significance:
• Adoption of the Constitution: On 26th November 1949, the Constituent
Assembly of India formally adopted the Constitution, which laid the
foundation for the legal, political, and administrative structure of the
country.
• Implementation Date: While the Constitution was adopted on 26th
November 1949, it came into effect on 26th January 1950, celebrated
as Republic Day.
• Why Celebrate Constitution Day?
• Honoring the Framers: The day is a tribute to the members of the Constituent
Assembly, especially Dr. B.R. Ambedkar, the chairman of the Drafting
Committee, for their meticulous efforts in crafting the Constitution.
• Awareness of Constitutional Values: The day aims to increase awareness
about the values and principles enshrined in the Constitution, such as justice,
equality, liberty, and fraternity.
• Reminder of Civic Duties: Constitution Day serves as a reminder of the rights
• What is Constitutional Morality?
• Constitutional morality means following the basic
principles and values of the Constitution in both
spirit and action. It is about respecting the ideals
like justice, equality, liberty, and fraternity, which
the Constitution stands for, even if they are not
always written in exact words in the document.
• It ensures that people in power—like the
government, lawmakers, and judges—don’t misuse
their authority by sticking only to the "letter of the
law." Instead, they must follow the "spirit of the
Constitution," which means interpreting and
applying it in a way that upholds its core values.
• Abolishing Practices Against Constitutional Values:
• Example: The Supreme Court, in the Sabarimala
Case (2018), allowed women of all ages to enter the
temple, saying discrimination against women
violates the Constitution’s values of equality and
dignity (Articles 14 and 21).

• constitutional morality is about ensuring the

Constitution’s vision of justice and fairness
guides every decision, beyond merely what is
written in its text.
• Imagine the Constitution is like a recipe book for making a
"just and fair society." If the recipe says "add a pinch of
salt," it doesn’t mean you can pour in a whole bucket of
salt just because it doesn't specifically forbid it. Similarly,
constitutional morality is about understanding the
intention behind the recipe—to create a balanced dish—
and not blindly following words.
• Protecting Fundamental Rights Beyond Words:
• Example: The Constitution guarantees the Right to Equality
(Article 14), but in the Navtej Singh Johar case (2018), the
Supreme Court decriminalized same-sex relationships.
Though the Constitution does not explicitly mention
LGBTQ+ rights, the court applied constitutional morality to
ensure equality for all. (Supreme Court made a distinction
between constitutional and public morality.)
• On Constitution Day, it’s important to understand
some of the core elements of constitutional morality.
These elements ensure the Constitution is not just a set of
rules but a living document guiding justice and fairness in
society.
• 1. Rule of Law
• What it means: Everyone is equal before the law, no matter
their status, power, or position. No one is above the law.
• Example:
If a minister commits a crime, they should be punished just
like an ordinary citizen. For instance, in the Indira Gandhi v.
Raj Narain case (1975), the Supreme Court invalidated the
then Prime Minister’s election for violating election laws,
showing that even top leaders are accountable to the law.
 Right to Equality (Article 14)
• What it means: Treating everyone equally,
without discrimination based on caste, religion,
gender, or other factors.
• Example:
The Abolition of Untouchability (Article 17)
ensures no one is discriminated against because
of their caste. If a restaurant refuses to serve
someone due to their caste, it violates the right
to equality.
 Social Justice

• What it means: Ensuring fair opportunities and

benefits for marginalized and disadvantaged groups.
• Example:
Reservation policies for Scheduled Castes (SC),
Scheduled Tribes (ST), and Other Backward Classes
(OBC) aim to provide education and job
opportunities to those who were historically
oppressed. These reservations reflect the
Constitution’s commitment to uplift everyone.
 Due Process of Law

• What it means: Fair treatment must be ensured to

every individual in legal processes. A person cannot
be punished without a proper trial or evidence.
• Example:
In the Maneka Gandhi v. Union of India case
(1978), the Supreme Court ruled that no one can be
denied personal liberty arbitrarily. When the
government seized Maneka Gandhi’s passport
without giving her a reason, the court said it
violated the principle of due process.
 .
Individual Liberty

• What it means: Every person has the right to live

their life with freedom, as long as it doesn’t harm
others.
• Example:
The Right to Privacy (Puttaswamy v. Union of India,
2017) case declared that privacy is part of individual
liberty. It means the government or anyone else
cannot interfere with your personal data or private
life without a valid reason.
 Freedom of Expression (Article 19(1)(a))

• What it means: Every citizen has the right to

express their opinions freely, whether through
speech, writing, or art, as long as it does not incite
violence or hatred.
• Example:
People can criticize government policies or share
their views on social media, as long as it stays within
reasonable limits.
 How has the concept of Constitutional
Morality evolved?
Constituent Assembly: In the Indian context, this
word was first used by Dr. Bhim Rao Ambedkar
during the Constituent Assembly debate to justify
the inclusion of administrative details in the
Constitution itself. According to him, constitutional
morality was the solution to the existing inequality
in society. It primarily meant respect among parties in
a republic for constitutional democracy as the
preferred form of governance and administration.
explain it in a most easiest manner with easy
examples.
• As we move forward, let us reaffirm our
commitment to constitutional morality as a guiding
principle for our actions as citizens, leaders, and
institutions. Only by respecting the values
enshrined in the Constitution can we build a nation
that lives up to its vision—a country where every
individual, regardless of their background, can live
with dignity and equal opportunity.
• Today, let us pledge to uphold the Constitution not
just as a legal document but as a moral compass
for a fair, just, and progressive India.
Happy Constitution Day!