‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (150 words) [2021]
The doctrine of constitutional morality is a concept in Indian jurisprudence that refers to the values and principles that underpin the Indian Constitution. It is based on the idea that the Constitution is a living document that embodies the fundamental values of the society it serves, and that these values must guide the interpretation and application of the Constitution. Some key features of constitutional morality include: rule of law, democracy, individual liberty, and equal treatment.
In India, the doctrine of constitutional morality has been upheld by the courts in a number of cases, such as the decriminalization of homosexuality in Naz Foundation v. Government of NCT of Delhi and the recognition of the right to privacy as a fundamental right in the case of K.S. Puttaswamy v. Union of India. These cases demonstrate the important role that the doctrine of constitutional morality plays in protecting the rights and freedoms of individuals in India.
