Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Constitutional Morality: A Tool for Justice or Judicial Overreach.
Context:
The article critiques the selective use of the concept “constitutional morality” by courts. It argues that while the concept is important, its vagueness and misuse may lead to judicial overreach and arbitrariness.
Key Takeaways:
Meaning of Constitutional Morality:
- Constitutional morality refers to values embedded in the Constitution such as Justice, Liberty, Equality & Dignity.
- It requires institutions, especially courts, to act in a way that upholds these foundational principles.
Case Reference: Sabharimala (Sabarimala) Issue (Currently hearing in the Supreme Court)
- The concept was invoked to question: Religious practices vs gender equality
- Raises difficult questions:
- How to balance individual rights and institutional autonomy?
- When should courts intervene in religious traditions?
Criticism of Selective Use:
- The article points out inconsistency:
- Courts sometimes invoke constitutional morality
- But ignore it in other cases (example: recent NCERT Judiciary corruption chapter episode & voter disenfranchisement in SIR in West Bengal)
- This creates perception of Arbitrariness & Lack of uniform standards
Key Philosophical Insight:
- Constitutional morality does not always give clear answers, but helps identify when state actions are arbitrary or unjust.
- It is more of a guiding principle (diagnostic tool) & not a strict legal rule
Conclusion:
- Constitutional morality is essential for protecting rights and ensuring justice, but its vagueness and selective use risk judicial overreach, making it necessary to apply it with consistency, restraint, and institutional balance.
Source: (The Indian Express)
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2026 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040