Constitutionalism, and constitutional morality against societal morality

LUG-104 Constitutional Law-I, Unit I: Concept of constitutionalism — supremacy of the Constitution, system of representative and responsible government, dispersal of powers, protection of individual rights. · LLB · 60 min

This lecture covers two syllabus topics: topic 2, the concept of constitutionalism with its four elements (supremacy of the Constitution, representative and responsible government, dispersal of powers, protection of individual rights), and topic 3, constitutional morality and societal morality. The first half shows how each element of constitutionalism is built into the Indian text and protected by the courts, including the rule of law. The second half traces constitutional morality from Grote and Ambedkar's 1948 speech through Manoj Narula (2014), Government of NCT of Delhi (2018), Navtej Johar (2018) and Sabarimala (2018), against the societal morality of Suresh Kumar Koushal (2013). It answers the 2023-24 question on constitutional and societal morality and the 2019-20 question on the rule of law.

Objectives

Explain constitutionalism as limited government and distinguish it from merely having a constitution.
Identify the four elements of constitutionalism in the Indian Constitution with Article numbers and cases.
Explain how the Indian Constitution establishes the rule of law.
Distinguish constitutional morality from societal (popular) morality and trace the idea from Ambedkar to the 2018 judgments.
Apply constitutional morality to Navtej Johar, Sabarimala, Manoj Narula and the Delhi government case, and state the criticisms of the doctrine.

Slides

Constitution and constitutionalism are not the same thing
Element 1: supremacy of the Constitution and the rule of law
Element 2: representative and responsible government
Element 3: dispersal of powers
Element 4: protection of individual rights
Constitutional morality: from Grote to Ambedkar
Societal morality, and Suresh Kumar Koushal (2013)
Navtej Singh Johar v Union of India (2018): the Constitution over the majority
Sabarimala: Indian Young Lawyers Association v State of Kerala (2018)
Constitutional morality as a duty of office: Manoj Narula and the Delhi government case
Criticism and limits of constitutional morality
How the examiner asks it

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