Constitutional Morality And The Indian Judiciary

Aditi Shanmugam, Chettinad School of Law

ABSTRACT

If the Constitution is a vehicle of life, then Constitutional Morality is a crux of this life’s soul. The aim of this paper is to bring out the relevancy of the concept of Constitutional Morality in today’s day and age. The author wishes to explore this notion through the eyes of various legal luminaries before delving into the topic at hand: its contemporary relevance.

Though this noble notion was brought in by Dr. Ambedkar in India, this concept has been given a new denotation thanks to the interpretation of the Judiciary in various Judgments. The paper will focus on the evolution of this dynamic concept by glimpsing over its development from the days of the Indian Constituent Assembly to its significance in the present day scenario.

While the promulgation of this notion has been lauded by many for its progressive interpretation – by expanding and bestowing rights on the common man, others have criticised it as an overreach of the Judiciary. Analysis of these opposing views while examining the merits and demerits of each side will be explored. This paper aims to emphasis on recent Judgments while trying to shed light on its impact on the citizens of India, administrative structure, public policy and the society at large.