A Need for Constitutional Morality in India?
Mrityunjay Bhardwaj, Vivekananda Institute of Professional Studies,
Guru Gobind Singh Indraprastha University, Delhi*
The purpose of this research paper is to enlighten the reader regarding the doctrine of constitutional morality. The research is divided into three parts namely, the origin and the Indian context of the term, the need for this doctrine and the supposed lacunae or setbacks related to this doctrine. To conduct research, the author has reviewed and incorporated when necessary various articles and case laws on the said topic. The doctrine of constitutional morality though is not familiar to the citizens at large yet it is imperative when discussing the issue of violation of constitutional rights such as the fundamental rights of the public. Through this research paper, the author is looking to introduce and familiarise the reader with the concept of constitutional morality which is largely different from public morality yet is equally important for the citizens of this nation. It is through this doctrine that the judges test the constitutional validity of an impugned provision and decide whether to strike the impugned provision or declare the whole statute void or unconstitutional.
1. What is the origin of the term constitutional morality and the Indian perspective of this doctrine?
2. Why is there a need for the doctrine of constitutional morality?
3. How was this doctrine utilised by the judges in landmark judgements?
4. What are the lacunae in this doctrine?
* 4th year law student pursuing BBA LLB from Vivekananda Institute of Professional Studies, Guru Gobind Singh Indraprastha University, Delhi.