Relevance: GS Paper II (Indian Constitution – Judiciary & Rights), GS Paper IV (Ethics)
Source: The Indian Express analysis; Constituent Assembly Debates

Context

Recent debates on judicial rulings and ethical public behaviour have revived a central question in Indian constitutionalism: How should law relate to morality? With rising social conflicts around gender rights, personal liberty, and equality, the principle of constitutional morality has become a key interpretive tool for courts and policymakers.

What Is Constitutional Morality?

Dr. B.R. Ambedkar defined constitutional morality as the discipline that obliges State institutions and citizens to uphold the core values of the Constitution, even when social norms oppose them.
Its components include:

• Respect for individual dignity and liberty
• Equality and non-discrimination
• Institutional checks and balances
• Adherence to constitutional procedure and rule of law
• Protection of minority rights against majoritarian pressures

Constitutional morality is therefore an ethical compass for democratic governance.

Key Analytical Table 

Law and Morality: The Relationship

1. Complementary but Distinct

Law is backed by State enforcement; morality has social or personal sanction. Yet, many laws reflect moral values (e.g., criminalisation of violence, anti-discrimination rules).

2. Social Morality vs Constitutional Morality

• Social morality arises from customs, religion, tradition.
• Constitutional morality embodies universal principles, often demanding reform against social conservatism.
  Example: judgments on privacy (Puttaswamy), LGBTQ+ rights (Section 377), Sabarimala.
  

3. Morality as a Constitutional Limitation

The Constitution uses morality (e.g., “morality” in Article 19(2)) not as social morality, but as constitutional morality—rights can be restricted only for reasons compatible with constitutional values, not majoritarian sentiment.

Why Constitutional Morality Matters Today

• Ensures justice beyond popular opinion, strengthening substantive democracy.
• Guides courts in resolving ethical questions around privacy, gender, bioethics, and personal choice.
• Checks populist or majoritarian laws that may violate the basic structure.
• Enhances ethical governance, especially in appointments, legislative conduct, and public administration.

UPSC Mains Practice Question

“How are law and morality related in a constitutional democracy? Examine how the doctrine of constitutional morality helps reconcile conflicts between legal authority, social norms, and individual rights.” (250 words)

One-line Wrap:
In a diverse democracy like India, social morality may divide—but constitutional morality unifies, ensuring that law remains anchored in justice, dignity, and rights rather than shifting social prejudices.