Q5(a) · UPSC Civil Services Mains 2024 · PSIR GS 1 · 10 marks · 1 min read

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Constitutional morality in the Indian Constitution.

Topic: Making of the Indian Constitution. Syllabus: Making of the Indian Constitution: Legacies of the British rule; different social and political perspectives. Same official PYQ from year-wise 2024 and Making of the Indian Constitution.

Revision summary

Constitutional morality is respect for constitutional forms, rights, and limits beyond the will of a passing majority. Ambedkar treated it as necessary because Indian social life still contained caste hierarchy. Part III, judicial review, federalism, and parliamentary procedure are the institutional face of that morality. Kesavananda’s basic structure is a judicial cousin of the same idea. The term is contested when courts apply it, but its political core remains a warning against personal and purely majoritarian rule.

Model answer

Introduction

Constitutional morality is the habit of respecting the forms, limits, and spirit of a constitution even when a majority could ignore them. In India the phrase is tied to Dr B. R. Ambedkar’s speeches in the Constituent Assembly and to later judicial use of the same idea.

Body

Ambedkar and the text

Ambedkar warned that democracy in India must not rest only on social soil that still held caste. It must rest on constitutional morality: respect for procedure, for opposition, for limits on power, and for the administration of law without personal rule. Grote’s history of Greece had used the term; Ambedkar applied it to a new republic. The Constitution’s devices — adult franchise, judicial review, federal distribution, and justiciable rights in Part III — assume that holders of office will not treat the text as a temporary inconvenience.

Contemporary meaning

Courts have invoked constitutional morality in cases on individual liberty, dignity, and institutional propriety, treating it as more than majoritarian morality. Critics say judges should not make the phrase a second constitution. The political meaning remains Ambedkar’s: parties, legislatures, and citizens keep the basic structure that Kesavananda Bharati later named, including liberty and constitutional amendment within limits. Without that habit, the document is only paper.

Flow diagram

flowchart TD
  CM[Constitutional morality] --> A[Ambedkar]
  CM --> P[Procedure and opposition]
  CM --> R[Part III rights]
  CM --> K[Basic structure]

Conclusion

Constitutional morality in the Indian Constitution is the practised respect for constitutional limits, rights, and procedure. Ambedkar made it a condition of democracy in a hierarchical society. Courts and public argument still use the term to resist both personal rule and unrestrained majority will.

Quick related

Students also ask

  • Objective Resolution of the Constituent Assembly.

    Next question in the 2024 paper (Q5). View answer →

  • Is constitutional morality the same as public morality?

    No. Public or social morality may support caste or majoritarian custom. Constitutional morality binds power to the Constitution’s equality and liberty.

  • Who must practise it?

    Ambedkar named citizens and leaders. Without that habit, even a well-written constitution will not work.

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