'Constitutional Morality' is rooted in the constitution itself and is founded on its essential facets. Explain the doctrine of constitutional morality with the help of judicial decisions.

Constitutional Morality means adherence to or being faithful to bottom line principles of constitutional values.

It includes commitment to an inclusive and democratic political process in which both individual and collective interests are satisfied. While the term ‘Constitutional Morality’ is not found in the Indian Constitution, nevertheless it is rooted in various facets of the constitution.

1. Preamble: Outlines principles such as justice, liberty, equality, and fraternity as the cornerstones of our democracy.

2. Fundamental Rights: Protects the rights of individuals against arbitrary use of power by the State. Especially, Article 32 provides for enforcement of these rights in SC.

3. Directive Principles of State Policy: Guidelines to the State to implement the vision of the makers of the constitution. These include Gandhian, Socialist and Liberal-Intellectual directions.

Constitutional morality through judicial decisions:

1. Government of NCT of Delhi Vs. Union of India: In the context of tussle between Lt Governor and Government of Delhi, Court stated elected government should not be undermined by unelected functionaries.

2. Navtej Singh Johar & Ors. Vs. Union of India: Supreme Court opined that Section 377 violates Article 14, 19 and 21 of members of the LQBTQI community.

3. Naz Foundation case: Supreme Court opined that only Constitutional Morality and not Public Morality should prevail and thus recognised Transgender as third gender.

4. In the Sabarimala case, the Supreme Court bypassed the doctrine of essentiality to uphold Constitutional morality.

5. Justice K.S. Puttaswamy & Anr. Vs. Union of India & Ors.: Court stated Constitutional Morality ensures courts must neutralize the excesses of power by the executive and strike down any legislation or even executive action if it is unconstitutional.

Constitutional morality is crucial for constitutional laws to be effective. Without constitutional morality, the operation of the constitution tends to become arbitrary and erratic. Thus, upholding constitutional morality is not just the duty of the Judiciary or state but also of individuals.