Q20.‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.

Constitutional morality denotes unwavering adherence to the fundamental principles, values, and spirit enshrined in the Constitution, even when conflicting with popular sentiment. It embodies the core ideals of a democratic republic.

Roots and Distinction

Rooted in the Preamble's ideals (justice, liberty, equality, fraternity), Fundamental Rights, DPSPs, and the Basic Structure, it checks majoritarianism, ensuring constitutional values prevail over popular morality.

Judicial Upholding and Precedents

• The judiciary, as the Constitution's guardian, invokes this doctrine to interpret provisions and protect individual liberties against state overreach.
• Cases like Navtej Johar (decriminalizing homosexuality), Sabarimala (women's entry), and K.S. Puttaswamy (right to privacy) exemplify its application. Kesavananda Bharati's Basic Structure doctrine provides its foundation.

Upholding constitutional morality is crucial for maintaining constitutionalism, the rule of law, protecting minority rights, and preventing democratic backsliding.