Constitutional Morality in Indian Constitutionalism: Origins, Jurisprudence, and Significance

The idea of constitutional morality conveys how the Constitution is elevated from merely being a document that captures a social contract to becoming the moral basis of ordering and governing the polity. It does not arise only from adherence to the stated letter of the law, but also from fidelity to the spirit that undergirds the Constitution. It is contained in conventions that have evolved over time and made the Constitution workable as a living document. Dr B.R. Ambedkar used the term ‘constitutional morality’ to mean more than just obeying the letter of the law and warned that constitutional morality is not a natural sentiment and has to be cultivated. He believed that democracy in India would have to learn this ideal and that it had to be established and diffused so as to ensure a free and peaceable democracy. This understanding places constitutional morality at the centre of constitutional governance, judicial interpretation, and the conduct of constitutional actors.

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