“Only Constitutional morality and not social morality can be allowed to permeate rule of law” was the stand of the Supreme Court in a recent case. How was the Constitutional morality invoked time and again by Indian Judiciary and what is its scope in Indian society?
Answer: Constitutional morality means adherence to the core principles of the constitutional democracy while social morality is the set of moral rules derived from the society.
- Recently, the Supreme Court decriminalized homosexuality by partially striking down the provisions of Section 377 of the Indian Penal Code (IPC) in Navtej Singh Johar vs. Union of India (2018) case. This ruling furthered the frontiers of personal freedom and liberated the idea of individual rights from the pressure of public opinion. In 2009, the Delhi High Court, in Naz Foundation vs. NCT of Delhi, had invoked constitutional morality for decriminalising consensual sexual ....
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