Constitutional Morality requires that all state action must comply with the principle of ______, meaning no one is above the law and all actions must have legal authority and follow fair procedure.
- executive discretion
- rule of law
- parliamentary sovereignty
- majoritarian will
Answer: rule of law
Rule of law in Constitutional Morality: (a) Core elements (A.V. Dicey; embedded in Indian Constitution): (i) Supremacy of law over arbitrary power, (ii) Equality before law (Article 14), (iii) Predominance of legal spirit (judicial review), (b) Constitutional Morality operationalization: (i) Executive actions must have legal basis, (ii) Laws must comply with Constitution, (iii) Courts check excesses through judicial review, (iv) Fair procedure required (Maneka Gandhi: procedure must be fair, just, reasonable), (c) Applications: (i) ADM Jabalpur overruled by Puttaswamy (habeas corpus during Emergency), (ii) SR Bommai (judicial review of President's Rule), (iii) Proportionality test for rights restrictions. Illustrates foundational principle: governance within constitutional bounds, not arbitrary power.