UPSC Mains 2021 GS2 Q1 — Constitutional Morality
'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. (Answer in 150 words)
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Related Prelims MCQs
Build factual foundation — these MCQs cover facts/concepts you'll need for this Mains question.
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IAS 2023 Constitutionalism and government
Which one of the following statements best reflects the Chief purpose of the 'Constitution' of a country?
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Consider the following statements about Constitutional Government : 1. It is a form of limited government 2. One where Constitution is the basis of public authority 3. One where Monarch is the formal Head of the State 4. One where there is always universal adult franchise Which of the statements given above are correct ?
Source Map — where to read
"! 2021 TEST PAPER f • 1. '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. • 2. Discuss the desirability of greater representation to women in the higher judiciary to ensure diversity, equity and inclusiveness. [150 words] • 3. [150 words] 10 6. The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States…"
"Some people believe that a constitution merely consists of laws and that laws are one thing, values and morality, quite another. Therefore, we can have only a legalistic, not a political philosophy approach to the Constitution. It is true that all laws do not have a moral content, but many laws are closely connected to our deeply held values. For example, a law might prohibit discrimination of persons on grounds of language or religion. Such a law is connected to the idea of equality. Such a law exists because we value equality. Therefore, there is a connection between laws and moral values.…"
"agreeing to certain basic norms and principles one constitutes one's basic political identity. Second, constitutional norms are the overarching framework within which one pursues individual aspirations, goals and freedoms. The constitution sets authoritative constraints upon what one may or may not do. It defines the fundamental values that we may not trespass. So the constitution also gives one a moral identity. Third and finally, it may be the case that many basic political and moral values are now shared across different constitutional traditions. If one looks at constitutions around the wo…"
"• 1. Do you think that the Constitution of India does not accept the principle of strict separation of powers, rather it is based on the principle of 'checks and balance'? [150 words] Explain. • 2. The Central Administration Tribunal, which was established for redressal of grievances and complaints by or against central government employees, nowadays exercises its powers as an independent judicial authority. [150 words] Explain.…"
"t MEANING The term 'constitution' is derived from the Latin word 'constitute', which means 'to establish' or 'to set-up'. In the present sense, the term 'constitution' refers to a set of principles, which specify the organization and working of the government and the relationship between the government and the people in terms of their rights and duties. The constitution is variously described as the 'fundamental law of the land', 'supreme law of the state', 'basic law of the country', 'instrument of the government', 'rules of the state', 'basic structure of the polity', 'grundnorm of the count…"
How this topic is evolving
The discourse on Constitutional Morality has shifted from defining its theoretical roots to its application in 'Transformative Jurisprudence' for social justice. The focus has moved from maintaining institutional propriety to the State's positive obligation to ensure 'Substantive Equality,' as demonstrated by the 2024 Supreme Court ruling in State of Punjab v. Davinder Singh which permits sub-categorization within the SC/ST blocks.
The concept of 'Substantive Equality' is an essential facet of the Indian Constitution, shifting the focus from formal parity to addressing structural disadvantages. In light of the recent judicial push for sub-categorization of reserved classes, discuss how 'Transformative Jurisprudence' is redefining the doctrine of equality. (Answer in 250 words)
Why this framing: The 2024 State of Punjab v. Davinder Singh judgment on SC sub-categorization.
Question Decoded — examiner's intent
- Directive verbs
- Explain
- Scope keywords
- Constitutional Moralityrooted in the Constitution itselffounded on its essential facetsrelevant judicial decisions
- Implicit sub-parts
- Definition of Constitutional Morality beyond just 'obeying the law'.
- Tracing the origin of the doctrine to the text and spirit of the Constitution (Preamble, Fundamental Rights).
- Analysis of how the Judiciary has evolved this doctrine through specific case laws.
- The role of Constitutional Morality in checking the tyranny of the majority.
- Common pitfalls
- Confusing 'Constitutional Morality' with 'Public Morality' or social/religious ethics.
- Failing to mention Dr. B.R. Ambedkar’s initial conceptualization of the term.
- Listing cases without explaining how they specifically applied the doctrine (e.g., just mentioning Sabarimala without the logic of individual vs. group rights).
- Writing a generic essay on the Constitution instead of focusing on this specific judicial tool.
- Dimensions required
- Historical-Constituent Assembly debatesJudicial-Interpretative evolutionEthical-Individual vs Collective rightsDemocratic-Rule of Law and Limited Government
- Marks allocation hint
Spend 30 words on the origin and definition (Ambedkar’s view). Allocate 60 words to the core explanation of its 'essential facets' like liberty and equality. Devote the remaining 60 words to applying the doctrine through at least 2-3 landmark cases like Naz Foundation, Navtej Johar, or Sabarimala to demonstrate its practical impact.
How examiners have framed this topic over the years
Transitioned from an abstract ethical definition to a rigorous judicial doctrine, eventually becoming a functional tool for institutional accountability and governance.
Before 2021, the examiner approached the topic either as a foundational ethical concept in GS4 (2019) or indirectly through the lens of separation of powers and judicial legislation (2020). The 2021 question established the 'legal' baseline by requiring an explanation rooted in judicial decisions. Subsequently, the framing matured into specific institutional applications: in 2023, the doctrine was applied to the substantive goal of gender justice, and by 2025, the scope widened significantly to test its role as a 'fulcrum' for balancing judicial accountability (GS2) and as a tool for public service ethics and good governance (GS4).
PYQs this pattern was synthesized from
Answer Skeleton — fill this in
Introduction
Constitutional Morality refers to the adherence to the core philosophies of the Constitution rather than mere legalism, ensuring that the spirit of liberty and equality governs state and societal actions [Laxmikanth, Ch. 4]. It acts as a threshold to prevent the "tyranny of the majority."
Dimensions of Constitutional Morality
Foundational Pillars and Values
- Derived from the Preamble (justice, liberty, equality) and the Objective Resolution [NCERT Class XI, Indian Constitution at Work].
- Rooted in Fundamental Rights (Part III) and Directive Principles (Part IV) to ensure social transformation.
- Commitment to democratic processes and constitutional methods over extra-constitutional means.
Judicial Evolution and Application
- S.P. Gupta Case (1981): Defined it as a bridge between the law and the changing needs of the society.
- Navtej Singh Johar Case (2018): Stated that constitutional morality must prevail over "public morality" to protect LGBTQ+ rights [PRS Legislative Research, Judicial Summaries].
- Sabarimala Case (2018): Used to emphasize individual dignity and non-discrimination over exclusionary religious practices.
Constraints on State Power
- Ensures Rule of Law and checks against arbitrary executive or legislative actions.
- Promotes federalism and institutional integrity as essential facets of governance [Laxmikanth, Ch. 13].
- Balances individual autonomy with collective social goals through "reasonable restrictions."
Conclusion
Constitutional Morality is a dynamic doctrine that safeguards the "living" nature of the Constitution. Moving forward, it must be applied cautiously by the judiciary to avoid overreach while ensuring that the inclusive vision of the founding fathers remains the guiding light for Indian democracy.
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