CONSTITUTIONAL MORALITY AND CONTEMPORARY JUDICIAL DECISIONS IN INDIA
Kiran Verma
Corresponding Author • Assistant Professor
Department of Law
Author Details
Article Metadata
- Article Type
- Review Article
- Corresponding Author
- Kiran Verma
- Published In
- Multidisciplinary Research Journal of BDSU
- Volume / Issue
- 1 / 1
- Pages
- 170-178
Galley File
- Format
- File Name
- Constitutional Morality and Contemporary Judicial Decisions in India.pdf
- Size
- 6.08 MB
- Version
- 1
Abstract
Constitutional morality has emerged as one of the most significant constitutional doctrines in contemporary Indian jurisprudence. It represents a commitment to the values, principles, and aspirations embedded in the Constitution rather than adherence to prevailing social, religious, or majoritarian moral standards. The doctrine has become a powerful judicial tool for protecting fundamental rights, preserving constitutional governance, promoting social justice, and safeguarding the dignity of individuals. In recent decades, the Supreme Court of India has increasingly invoked constitutional morality while adjudicating issues involving equality, liberty, privacy, gender justice, minority rights, secularism, and democratic accountability. The concept, originally emphasized by Dr. B. R. Ambedkar during the Constituent Assembly Debates, has acquired renewed relevance in a diverse and pluralistic society where conflicts frequently arise between constitutional values and traditional social norms. Through landmark judgments such as Kesavananda Bharati v. State of Kerala, S.R. Bommai v. Union of India, Navtej Singh Johar v. Union of India, Indian Young Lawyers Association v. State of Kerala (Sabarimala Case), Joseph Shine v. Union of India, and Justice K.S. Puttaswamy v. Union of India, the Supreme Court has employed constitutional morality to uphold individual autonomy, equality, and human dignity. This paper examines the meaning, origin, development, and judicial application of constitutional morality in India. It critically analyzes contemporary judicial decisions that have shaped the doctrine and evaluates its role in strengthening constitutional democracy. The study argues that constitutional morality serves as an essential safeguard against majoritarianism, discrimination, and arbitrary exercise of power while ensuring that constitutional values remain the guiding principles of governance and adjudication. Keywords: Constitutional Morality, Supreme Court of India, Fundamental Rights, Judicial Activism, Constitutionalism, Equality, Liberty, Dignity, Democracy, Constitutional Governance.