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The concept of 'Constitutional Morality', derived from Preamble values, requires that:
- Government actions comply only with procedural legality, not substantive constitutional values
- All state organs (executive, legislature, judiciary) and citizens act in accordance with constitutional values like democracy, secularism, justice, even when not explicitly mandated by text
- Constitutional morality applies only to judiciary, not to executive or legislature
- Constitutional morality is identical to social morality and reflects majority religious views
Answer: All state organs (executive, legislature, judiciary) and citizens act in accordance with constitutional values like democracy, secularism, justice, even when not explicitly mandated by text
Constitutional Morality from Preamble: (a) Concept: Constitutional Morality = adherence to constitutional values (democracy, secularism, justice, liberty, equality, fraternity) in spirit, not just letter of law; guides state action, citizen behavior beyond explicit textual mandates, (b) Preamble foundation: Preamble values provide normative framework for Constitutional Morality; not merely procedural compliance but substantive commitment to constitutional vision, (c) Applications: (i) Navtej Singh Johar (2018): Constitutional Morality (dignity, equality) prevails over social morality (majoritarian views) in decriminalizing homosexuality, (ii) Shayara Bano (2017): Constitutional Morality (gender equality) overrides discriminatory religious customs in striking down triple talaq, (iii) Governor's role: Governor acts as constitutional functionary, not political agent, guided by Constitutional Morality in recommending President's Rule, (d) Limits: (i) Not judicial fiat: Constitutional Morality guides interpretation, not replaces democratic process; courts respect legislative domain while ensuring constitutional compliance, (ii) Not majoritarian: Constitutional Morality protects minorities, individuals against majoritarian impulses; constitutional values transcend transient popular will, (e) Illustrates transformative constitutionalism: Preamble values operationalized through Constitutional Morality; enables constitutional adaptation to contemporary challenges while preserving core democratic, egalitarian vision.