‘constitutional morality’ and How does one uphold constitutional morality

Morality as we know is individual’s sense of right and wrong. Hence, constitutional morality is broadly a metric of what the constitution deems to be right or wrong. The values of any country’s constitution depends upon its tradition, its social and cultural movements, the vision of its founding fathers, etc. In case of India, the national freedom movement, socio-cultural reform movements, traditions of thousand years, the progressive radical outlook of constituent assembly went into defining what our constitutional morality would be. 

Very briefly, our constitution believes that inequality is not right (Article 14), injustice is wrong (Preamble), deprivation of human dignity is not right (Article 21), etc. It doesn’t deem right deprivation of some fundamental rights of individuals in the name of culture (Article 14). It doesn’t allow state to intervene into cultural practices, if they don’t infringe upon basic rights (Article 29/30). So, these are some ideals our constitution gives to us based on which our society and state that repasts it takes decisions. 

This is the sum and substance of constitutional morality. This prefix clearly gives a special status to constitutional morality among other competing sources of morality like religion, culture, customs, laws, etc. Indian society has unimaginable diversity of all kinds be it language, religion, caste, ethnicity, tribes, etc. Each of these impose alternate versions of morality on an individual. They may also be at conflict. Religion ordinarily subjugates women but article 14 treats them equally. Hence, a mutually agreeable set of right and wrong is needed to resolve such conflicts. We cannot allow cultural relativism to prevail as it will lead to chaos.

To uphold constitutional morality, first of all one should know what it is. One should be well-versed with not only letter but spirit of constitution. Indian constitution keeps individual growth and progress at the centre and attempts to reform existing social practices in this direction. Regressive practices like untouchability, child marriage, gender discrimination, etc. have been banned. It upholds individual liberty and sense of dignity. It attempts to create a just society. Hence, in one’s actions, one must try to see if golden triangle of article 14, 19 and 21 are reflected or not. 

One should also keep essence of judicial pronouncements in mind as they clarify what our founding fathers envisaged while making the constitution. Constituent assembly debates can be another way to enter the minds of the makers of constitution. Part 3 and Part 4 of the constitution are the most important parts that contain what kind of society India has to become. This part should guide one in taking actions on public life. 

If we take leaf from judicial verdicts of recent past, verdicts on section 377, Sabrimala judgement, Aadhar judgement, etc. all are guided by this constitutional morality like freedom of individual, equality of treatment, respect for privacy, etc. The doctrine of creative interpretation and a good sense is needed to grasp what this morality is. Even such laws which don’t go with this spirit should be opposed.