The Contours of Constitutional Morality

Oct. 27, 2025

Context

The relationship between law and morality has long occupied jurists, philosophers, and lawmakers alike.
It is an enduring question: should the law enforce moral standards, or should it remain neutral, detached from ethical imperatives?
From the ancient notion of dharma to the modern constitutional framework, India’s legal evolution reflects this tension between moral values and legal obligations.
The dialogue between morality and law, far from being a relic of philosophical discourse, remains crucial to the vitality of modern constitutional democracy.

Law and Morality: A Historical Context

The debate over the intersection of law and morality reached its zenith during the Hart–Devlin debate (1960s).
Lord Devlin argued that law must enforce moral standards to preserve societal cohesion, while H.L.A. Hart warned against conflating moral disapproval with legal prohibition.
This theoretical divide found reflection in Shaw v. DPP (1962 AC 220), where the House of Lords affirmed a residual power to conserve not only the safety and order but also the moral welfare of the State.
The Indian judiciary has also recognised this relationship. In Rathinam v. Union of India (1994), the Supreme Court quoted Justice Frankfurter’s observation in Solesbee v. Balkcom (1949) that the law embodies a system of rights based on moral principles … which comports with the deepest notions of what is fair and right and just.
This understanding resonates with India’s civilisational ethos, the ancient concept of dharma, which unified legal duty and moral virtue.
The Tirukkural, for instance, emphasised Aram (virtue) as the foundation of righteous living, demonstrating that law and morality were once inseparable in Indian thought.

Dynamic Interaction Between Law and Morality

The interplay between law and morality is neither static nor one-dimensional. Sometimes, law leads morality, as seen in the abolition of untouchability, which preceded full social acceptance.
At other times, law follows morality, as in the gradual recognition of gender equality shaped by evolving public consciousness.
This dynamic underscores the law’s dual function: to reflect society’s ethical standards and to guide them toward higher ideals.
Yet, this also presents a challenge: laws must embody fundamental ethical imperatives, not merely majoritarian opinions or transient sentiments.
For a diverse and pluralistic democracy like India, such balance is essential to ensure justice, inclusivity, and legitimacy.

Constitutional Morality: The Indian Perspective

The Supreme Court of India has deepened this moral discourse through the doctrine of constitutional morality.
In State (NCT of Delhi) v. Union of India, the Court held that constitutional morality is more than mere allegiance to constitutional text.
It includes liberal values, participatory governance, and ethical conduct by constitutional functionaries.
Similarly, in Justice K.S. Puttaswamy (Retd.) v. Union of India, the Court affirmed that constitutional morality requires the state to act within the bounds of the rule of law and to respect judicial orders.
These judgments collectively affirm that constitutional morality serves as a normative compass, ensuring that power is exercised with fairness, accountability, and restraint.
Thus, morality in governance is not optional, it is a constitutional obligation.

Beyond the Courts: Accountability and Democratic Ethics

Breaches of constitutional morality may not always be legally punishable.
They can manifest as violations of constitutional conventions or democratic principles, which are best remedied through political and civic accountability, in Parliament, the media, or by the electorate.
This broader understanding reminds us that courts are not the sole guardians of constitutional ethics.
The preservation of constitutional morality is a shared responsibility, among citizens, lawmakers, and public institutions.

The Road Ahead: Nurturing Constitutional Morality

The future of India’s democracy depends on the cultivation of constitutional morality among lawmakers, judges, and citizens alike.
As Dr. B.R. Ambedkar wisely cautioned, constitutional morality is not a natural sentiment, it has to be cultivated.
When nurtured, it transforms the Constitution from a legal document into a living moral charter, one that guarantees justice, equality, and inclusion.
In an era of rapid change, constitutional morality provides the ethical foundation necessary to uphold human dignity and democratic stability.

Conclusion

The relationship between law and morality is both timeless and evolving.
From the ancient principle of dharma to modern constitutional jurisprudence, morality has remained the soul of justice.
To ensure that democracy is not a mere top dressing on Indian soil but its vital ingredient, India must continue to nurture constitutional morality.
It is this moral consciousness that will determine whether the Constitution remains a document of ideals or becomes a vibrant, equitable reality, the living embodiment of justice in action.