Question 1 · 10 marks · 160 words written
Opening · a definition
Constitutional morality refers to adherence to values of equality, liberty, justice, fraternity and more as enshrined in the Indian Constitution.
Body · points
As a Restraint
→ Limits power of state and risk of majoritarianism in a democracy, that may undermine rights of individual & especially minorities.
→ Navtej Singh Johar Case - SC decriminalised homosexuality, emphasing that popular morality can not override constitutional morality.
→ Sabrimala Case - court put an end to discriminatory practices against women with respect to temple entry.
As an Enabler.
→ It empowers vulnerable sections and individuals to ensure opportunity for development, dignity and justice.
→ Joseph Shine Case - Adultery was decriminalised - (equality & dignity)
→ Shayara Bano case - Tripple Talaq (Talaq-e-Biddat) was declared unconstitutional (Constitutional morality over religious freedom) → discriminatory
Close · a summary
In a heterogeneous society like India, Constitutional morality acts as both a safeguard & a guiding light to better our society & legislations in line with modern humanistic, developmental & equitable principles.