Law, Morality, and Constitutional Morality
#Editorial
The Core Relationship
The relationship between law and morality has been long debated.
While law provides enforceable norms, morality represents social and ethical ideals.
Sometimes, law leads morality (e.g., abolition of untouchability) and sometimes follows it (e.g., gender equality).
Historical and Philosophical Roots’
Ancient India: No distinction between law and morality both were embodied in Dharma and Aram (Tirukkural).
Hart-Devlin debate (1960s, UK):
Devlin -> law should enforce moral standards for societal order.
Hart -> individual freedom should prevail; morality should not always be legally enforced.
Shaw v. DPP (1962) - UK’s House of Lords upheld the idea that law preserves moral welfare of the state.
P. Rathinam v. Union of India (1994) — Supreme Court of India recognized that law embodies moral principles ensuring fairness and justice.
The Emergence of ‘Constitutional Morality’
Term first used by George Grote in History of Greece (1846) meant deep respect for constitutional forms and democratic values.
Dr. B.R. Ambedkar adopted the term in the Constituent Assembly:
“Constitutional morality is not a natural sentiment it has to be cultivated.”
Democracy in India is only a “top-dressing on undemocratic soil.”
Conceptual Meaning
Constitutional morality = adherence to constitutional values, spirit, and processes beyond mere legality.
It implies:
Respect for rule of law
Checks and balances
Liberty, equality, and fraternity
Ethical conduct of constitutional authorities
Protection of minority rights even against majority sentiment
Dicey’s Distinction
A.V. Dicey distinguished between:
Law of the Constitution → legally enforceable
Conventions of the Constitution → unwritten moral-political rules (constitutional morality)
Breach of these may not be legally punishable, but lead to political consequences and public accountability.
Judicial Interpretation in India
Case | Year | Key Observation |
S.P. Gupta Case | 1981 | Breach of conventions = serious breach of constitutional morality. |
Indian Young Lawyers Assn. (Sabarimala) | 2018 | CJI Dipak Misra equated public morality with constitutional morality. Later referred to a 9-judge Bench. |
Manoj Narula v. Union of India | 2014 | CJI observed constitutional morality means bowing to the norms of the Constitution; court expected, not enforced, moral choices (e.g., not appointing tainted ministers). |
State (NCT of Delhi) v. Union of India | 2018 | Constitutional morality = cooperative federalism, respect for democratic values, consensus-based governance. |
K.S. Puttaswamy v. Union of India | 2017 | Constitutional morality prevents arbitrary state action and upholds rule of law. |
Modern Interpretation
Constitutional morality goes beyond procedural fidelity it is ethical conduct within constitutional framework.
It empowers courts to interpret laws in line with justice, liberty, equality, and dignity.
It holds that not all moral violations are legal wrongs, but when morality intersects with constitutional principles, courts may intervene.
The Road Ahead
Cultivating constitutional morality among citizens, lawmakers, and judiciary is essential.
It ensures:
Inclusion
Minority protection
Accountability of public functionaries
Transformation of constitutional ideals into lived realities
Prelims Practice MCQ
Q. The concept of “Constitutional Morality” as used in the Indian context originally traces its roots to:
(a) A.V. Dicey’s Introduction to the Study of the Law of the Constitution
(b) George Grote’s History of Greece (1846)
(c) John Stuart Mill’s On Liberty
(d) Aristotle’s Politics
✅ Answer: (b)
Explanation: Historian George Grote coined the term “Constitutional Morality” in History of Greece (1846), referring to reverence for constitutional processes and institutions.
Q. Consider the following statements about Dr. B.R. Ambedkar’s interpretation of Constitutional Morality:
He described it as a natural sentiment inherent in every democratic society.
He emphasized that democracy in India was a “top-dressing on undemocratic soil.”
He believed constitutional morality must be cultivated through education and civic awareness.
Which of the above statements is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
✅ Answer: (b)
Explanation: Ambedkar said constitutional morality is not natural but must be cultivated; he also famously said democracy in India is “a top-dressing on undemocratic soil.”
Q. According to A.V. Dicey, which of the following correctly differentiates between constitutional law and constitutional morality (or conventions)?
(a) Constitutional morality is codified and legally enforceable; constitutional law is not.
(b) Constitutional law deals with moral expectations, while constitutional morality deals with legal sanctions.
(c) Constitutional law is enforceable by courts, whereas constitutional morality comprises unwritten conventions.
(d) Both are equally enforceable but differ in their political application.
✅ Answer: (c)
Explanation: Dicey made a clear distinction constitutional law is legal, while constitutional morality (conventions) is non-justiciable, though politically binding.