Constitutional Morality
The underlying values that guide constitutional interpretation.
🎯 Learning Objectives
- ▸ Understand the concept of constitutional morality
- ▸ See how it applies to privacy cases
- ▸ Differentiate between popular morality and constitutional morality
The Concept
The term was popularized by Dr. B.R. Ambedkar. He argued that merely having a constitution is not enough; we must cultivate a "constitutional morality"—a commitment to the principles of liberty, equality, and fraternity.
In privacy terms, this means that even if a majority of people don't care about privacy, the state must still protect it. Privacy is a fundamental value that transcends popular opinion.
Application
In the Navtej Singh Johar case (which decriminalized homosexuality), the Supreme Court used constitutional morality to strike down Section 377. Similarly, in the Puttaswamy case, the Court used it to recognize privacy as a fundamental right.
📖 Glossary
- Constitutional Morality
- The principles and values enshrined in the Constitution, which guide judicial interpretation and protect against majoritarian tyranny.
🔑 Key Takeaways
- Constitutional morality is the set of values underlying the Constitution.
- It protects the rights of minorities against the tyranny of the majority.
- Privacy is a core component of constitutional morality.
📚 Further Reading
- The Constitution of India — Government of India (1950)
Shilpi Kulshrestha
Shilpi is a corporate lawyer with over a decade of experience in data protection, company law, and regulatory compliance. She has advised 50+ startups and enterprises on DPDPA readiness, privacy gover...