Legal Explainer: The Doctrine of Constitutional Morality in Indian Law

 Legal Explainer: The Doctrine of Constitutional Morality in Indian Law

The Doctrine of Constitutional Morality refers to adherence to the core principles of the Constitution, such as justice, liberty, equality, and fraternity, even when societal norms or majoritarian views oppose them. It ensures that governance and judicial decisions remain aligned with constitutional values rather than mere public opinion or political considerations.

Key Features of the Doctrine:

1. Supremacy of Constitutional Principles:
   • Laws and policies must align with the spirit of the Constitution, even if they challenge traditional customs.
2. Protection of Fundamental Rights:
   • Used by courts to strike down discriminatory laws and uphold individual freedoms.
3. Checks on Majoritarianism:
   • Prevents the government and legislature from imposing policies that violate constitutional ideals, even if supported by the majority.

Application in Indian Law:

• Decriminalization of Section 377 IPC (Navtej Singh Johar v. Union of India, 2018): The Supreme Court struck down the colonial-era law criminalizing homosexuality, citing constitutional morality over societal morality.
• Sabarimala Temple Entry Case (Indian Young Lawyers Association v. State of Kerala, 2018): The Court upheld women’s right to worship, stating that religious practices must conform to constitutional morality.
• Triple Talaq Case (Shayara Bano v. Union of India, 2017): The Court invalidated instant triple talaq as violative of gender equality and fundamental rights.

Significance:

• Ensures that constitutional values evolve with changing times.
• Acts as a check on arbitrary laws that violate fundamental rights.
• Strengthens judicial activism in protecting democratic principles.

The Doctrine of Constitutional Morality is a powerful tool in Indian jurisprudence, ensuring that governance remains progressive, inclusive, and just, even in the face of societal opposition.