CONSTITUTUONAL MORALITY

In Govt, (NCT Delhi) v. Union of India i it was held that morality which morality has its
inherent elements in the constitutional norms and the conscience of the constitution. Any act
to garner justification must process the potentiality to be in harmony with the constitutional
impulse. For example, when one is expressing the idea of generosity, he may not be meeting
the standard of justness. There maybe an element of condencension. But when one shows
justness in action, there is no feeling of any grant of generosity. That will come within the
normative value. That is the test of constitutional justness which falls within the sweep of
constitutional morality. It advocates the principle of constitutional justness without subjective
exposition of generosity.

Therefore, while testing the constitutional validity of impugned provision of law, If a

constitutional court is of the view that the impugned provision falls foul the percept of
constitutional morality, then the said provision has to be declared unconstitutional for the
pure and simple reason that constitutional courts exists to uphold the constitution.ii

It is submitted that the presumption is always in the favour of constitutionality of an

enactment60 and it is for the petitioner to show how his fundamental right has been infringed,
failing which, his petition will be dismissed.61 It must be presumed that the legislature
understands and correctly appreciates the need of its own people, that its laws are directed to
problems made manifest by experience and that its discriminations are based on adequate
grounds. 27. It is submitted that public disapproval or disgust for a certain class of persons
can in no way serve to uphold the constitutionality of a statute.62 It was opined that “the
constitutionality of a law can be challenged only by the person directly affected.”63 Keeping
in view the fact that the Act is a pre-constitution enactment, the question as regards its
constitutionality will, therefore, have to be judged as being law in force at the commencement
of the Constitution of India.64
i
Govt. (NCT Delhi) v. Union of India AIR 2018 SCC 241
ii
Navtej Singh v. Union of India AIR 2018 SCC 10