Faizan Ahmad Agha, Hamdard Institute of Legal Studies and Research Jamia Hamdard
ABSTRACT
The phrase “constitutional morality” isn’t cited specially within the Indian constitution. Historian George is credited with growing the principle of constitutional morality in the 1800s. According to George, constitutional morality is the peaceful co-existence of freedom and restraint in democratic administration. The theory of constitutional morality is a relatively new development in the body of judicially created constitutional law in India. It hasbeen used by the supreme court in significant judgements, and it refers to the idea that constitutional governance requires not only adherence to the Constitution's text but also a commitment to underlying constitutional values and principles. Doctrines like basic structureand constitutional morality have been used to impose implied constitutional limits on the government, rooted in principles of the constitution that judges consider to be essential to its existence. This implies that judges can assess the legality of constitutional changes and government activities by checking that they do not contradict the "spirit, " "soul, " or "conscience, " of the Constitution.
The court has emphasized that adherence to constitutional values and principles is necessary for maintaining a just and democratic society and that judges must use their discretion responsibly in applying these principles to specific cases. The court has also clarified that the doctrine of constitutional morality does not give judges unlimited power to impose their values on society but rather requires them to interpret the Constitution in light of its underlying principles and values. In this paper, traces the history of constitutional morality, its humble beginning and eventual evolution. his paper also talks about its origin in India and its connectionwith the chairman of the drafting committee of the Indian constitution, Dr. B.R Ambedkar, Ambedkar's views on constitutional morality were rooted in his belief that adherence to constitutional values and principles was essential for maintaining a just and democratic society. After which the paper scrutinizes the recent developments that have taken place in the Indianjudiciary with regards to the doctrine and how the notion of constitutional morality made a comeback in our nation's jurisprudence.
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