Unveiling Constitutional Morality: The Pulse Of Judicial Conscience

Shivam Tripathi, Advocate

Prasoon Kumar, Advocate

Praveen Chhipa, A.G.M Legal Shriram General Insurance

ABSTRACT

The Constitution of India is regarded as the supreme law of the land and is often described as a “living document” due to its adaptability to changing societal needs. The constituent assembly, while drafting the Constitution, deliberately built in flexibility so that it could remain relevant over time. Foundational principles such as liberty, equality, fraternity, and justice are essential guides for all branches of government. The legislature uses these principles to craft laws, the executive ensures their implementation, and the judiciary interprets and enforces them.

The judiciary, in particular, plays a crucial role in interpreting the Constitution to address contemporary issues. In some cases, courts have had to develop new doctrines to uphold justice, reflecting the evolving nature of the Constitution. While the document is the longest written constitution in the world, it cannot foresee every challenge society may face, necessitating judicial creativity.

One such innovative concept is “constitutional morality.” Though the term is not explicitly defined within the Constitution, it has become a significant element in judicial decisions. It is understood as an evolving standard that reflects the Constitution’s core values, guiding the judiciary in safeguarding justice and fairness. Constitutional morality can be seen indirectly through various parts of the Constitution, including the Fundamental Rights (Part III), Directive Principles of State Policy (Part IV), the Preamble, and Fundamental Duties.

To understand constitutional morality fully, one must look at its historical context and development over time. Judges have interpreted the concept in different ways, shaping how it is applied to ensure justice in a dynamic society. The flexibility of this principle reflects the Constitution's ongoing relevance in modern legal and societal frameworks.