Answer.
APPROACH AND STRUCTURE
THE INTRODUCTION: Define constitutional morality and its importance.
THE BODY
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- Fundamentals of Constitutional Morality.
- Judicial Decisions Illustrating Constitutional Morality.
THE CONCLUSION: Mention its role in preserving basic structure, constitutional identity and governance.
THE INTRODUCTION:
Constitutional morality requires all organs of the state and citizens to uphold core principles and values enshrined in the Constitution. It calls for interpreting the Constitution to advance its underlying ethical vision and moral foundations, not just following the letter of the law.
THE BODY:
Constitutional morality checks the tyranny of the majority by protecting minority rights and individual liberties, even if they go against popular opinion.
FUNDAMENTALS OF CONSTITUTIONAL MORALITY:
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- It is founded on constitutional values like justice, liberty, equality, and fraternity outlined in the Preamble.
- It emphasizes upholding fundamental rights, directive principles, and the basic structure of the Constitution.
- It promotes inclusive democracy, the rule of law and limits arbitrary use of
- It prioritizes constitutional principles over social morality or religious
JUDICIAL DECISIONS FURTHER DEEPENING CONSTITUTIONAL MORALITY:
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- Kesavananda Bharati v. State of Kerala (1973): The Supreme Court held that Parliament’s power to amend the Constitution is limited by its basic structure. This upheld constitutional morality by preserving core constitutional values.
- Naz Foundation v. Govt of NCT Delhi (2009): The Delhi High Court ruled that constitutional morality should prevail over public morality in striking down Section 377 criminalizing homosexuality. It emphasized individual dignity and equality.
- Manoj Narula v. Union of India (2014): The SC defined constitutional morality as adherence to constitutional principles and It stressed that high constitutional functionaries must uphold these values.
- Government of NCT Delhi Union of India (2018): The SC equated constitutional morality to a “second basic structure doctrine” that checks the arbitrary use of power. It mandates strict adherence to constitutional principles.
- Navtej Singh Johar Union of India (2018): While decriminalizing homosexuality, the SC held that constitutional morality must prevail over social morality. It emphasized individual autonomy and equality.
- Indian Young Lawyers Association v. State of Kerala (2018): In the Sabarimala case, the SC prioritized constitutional morality over religious customs to allow women to enter the It upheld gender equality and non-discrimination.
- Joseph Shine v. Union of India (2018): The SC struck down the adultery law, the SC held that constitutional morality requires laws to be in accordance with individual dignity and equality between spouses.
THE CONCLUSION:
The judiciary upholds the Constitution’s transformative vision, even if it challenges existing social practices. Supreme Court has emphasized that constitutional morality is essential for ensuring good governance. Constitutional morality is linked to preserving the Constitution’s basic structure and identity, as reiterated in cases like I.R. Coelho (2007).
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