Insights of Constitutional Morality
Guru Ghasidas Central University, India
Volume II – Issue I, 2020
Constitution of India cannot be seen merely as a legal document; instead it must be seen as a document having social and moral values associated with it. The morals of the Constitution are inspired by various historical factors like Freedom Struggle, Social factors like caste and class divide Indian society, economic factors like industrialization and various ideologies like Socialism, Marxism etc..
The Supreme Court has interpreted the Constitution in manner to uphold justice according to the constitutional scheme. The Indian constitutional law is full of judicially crafted doctrines like Basic structure and manifest arbitrariness’. Doctrine of Constitutional Morality is recent addition to this list. Recently, Supreme Court in almost all important cases like Sabrimala and Tripal talaq has given a new doctrine called Doctrine of Constitutional Morality.
Term Constitutional Morality is not new for the constitution. Infect in constituent assembly Dr. B.R. Ambedkar has attempted to define constitutional morality referring to English historian George Grote.
Present paper has attempted to investigate different aspects of Doctrine of Constitutional Morality its origin and its step by step development by means of literature and case laws.
Judge made tests are not new for Indian constitutional law but this doctrine is heavily criticized by some of the eminent jurists and lawyers. Mr. Venugopal has even referred it as a dangerous weapon.
This Paper tries to make systematic analysis of various meanings of the doctrine of Constitutional Morality and try to find out its traces in various legal texts