UPSC Mains 2021 GS Paper 2 Q1: model answer
'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 relevant judicial decisions.
What the question wants
Explain constitutional morality and how courts have applied it.
How to structure it
Explain ... with the help of relevant judicial decisions: meaning, origin, cases, criticism.
- Meaning
- Origin
- Cases
- Critique
How to think it through
Constitutional morality asks: what do the Constitution's values demand, even if society disagrees? Navtej Johar is the clearest example. Ambedkar borrowed the phrase from the historian George Grote, which is a nice detail to drop.
Model answer
Ambedkar told the Constituent Assembly in November 1948 that 'constitutional morality is not a natural sentiment. It has to be cultivated', borrowing the phrase from the Greek historian George Grote.
Meaning
Adherence to the core values of the Constitution, such as dignity, liberty, equality, fraternity and the rule of law, over social or popular morality. It binds both the state and citizens.
Rooted in the Constitution
It comes from the Preamble, Fundamental Rights, the basic structure and the principle of limited power.
Judicial applications
- Manoj Narula (2014): the PM should not appoint ministers with criminal charges; constitutional morality guides high offices.
- NCT of Delhi v Union of India (2018): the Lt Governor and elected government must work in constitutional trust.
- Navtej Singh Johar (2018): decriminalised homosexuality; constitutional morality prevails over social morality.
- Sabarimala (Indian Young Lawyers Association, 2018): entry for women aged 10–50.
- Joseph Shine (2018): adultery law struck down for treating women as property.
Critique
Critics, including a former Attorney General, called it vague and a tool for judicial subjectivity. The Sabarimala review shows courts themselves are divided.
Draw: Two scales: constitutional morality outweighing social morality.
Keywords, cases and data to drop in
Ambedkar 1948, George Grote, Manoj Narula, NCT Delhi 2018, Navtej Johar, Sabarimala, Joseph Shine.
Where most answers lose marks
- Defining it without cases, though the question asks for them.
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25 Oct 2026Learn the concept
Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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