constitutional morality used in the case may be subject to more determinable standards than the prior one. . Constitutional morality is adherence to constitutional democracy. If the executive, legislature and judiciary violate the spirit of the Constitution, then there would be utter lawlessness. scarcely the stuff from which to evoke a "principle." It is from this context that constitutional wisdom was applied to analogous situations of oppressions based on sexuality. Given the urgency, with people dying daily despite constitutional and statutory protections, how do we right these historical wrongs, or at least “set the course for the future”? Lest we forget, untouchability is a crime under the Constitution. Concluding the above statements of the judiciary in the different cases, we can say, as of now we have three broad interpretations of the constitutional morality. In 2009, the Delhi HC rendered its landmark judgment holding Section 377 to be unconstitutional on the grounds that it violated Articles 14, 15 … While it is encouraging that 23 high courts have endorsed the Supreme Court’s view on urgency, governments must cooperate too, in order to show their willingness to bring tainted legislators to justice. Henry Monaghan called upon activists to "establish a connection between those moral rights and the Constitution," 27 . Topic– Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. a challenge Dworkin fails to meet. Grote gave this statement of constitutional morality for Greek law which was cultivated recently at that time. Change ), You are commenting using your Facebook account. 8. Which explicitly is highlighting the flip side of this newly developed doctrine. Lawrence v. Texas, 539 U.S. 558 (2003), was a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. laws prohibiting private homosexual activity, sodomy, and oral sex between consenting adults are unconstitutional. No. The Indian Constitution is a living document that consistently evolving whether by the judicial interpretation or by the introduction of different-2 legislations new dimensions of the constitution are being unfolded which conspicuously tends to uphold the majesty of the constitution. While responding to the many queries that were focussed around growing ‘fear’ and shrinking space of dissent, Justice Kurian very well elaborated on the role of the Judiciary that has to be unbiased and unfavouring, upholding Constitutional morality and conscience, transcending conscience of the individuals. Discuss. In 2009, the Delhi High Court, in Naz Foundation v. NCT of Delhi, invoked Babasaheb Ambedkar’s delineation of constitutional morality in asserting the urgency of decriminalising consensual sexual relations proscribed by Section 377 of the Indian Penal Code. [xxxix] Suresh Kumar Koushal v. Naz Foundation (2014) 1 SCC 1, Navtej Johar v. Union of India (2018) 10 SCC 1. Will a general strike of all conservancy workers across the country bring the country to its knees? ( Log Out /  He also pointed out that it is not the job of the judges to go by popular opinion. Constitutional morality is important for constitutional laws to be effective. Therefore, he provided so minutely details of the government administration since he believed that the administration (through the legislature) could change the form of the current constitution without bringing any amendment and as people who currently don’t have any natural sentiment towards it will not even oppose it. Written in 1988, Prof. Baxi’s lines remain disconcertingly relevant today. Where judicial diligence is absent and judicial integrity is questioned Constitutional Morality cannot be upheld. What are its sources. [xxxviii] Islamic Academy of Education v. the State of Karnataka, (2003) 6 SCC 697 (paragraph 118). at 5. To enable wide dissemination of news that is in public interest, we have increased the number of articles that can be read free, and extended free trial periods. Constitutional morality is crucial for constitutional laws to be effective. The Hindu has always stood for journalism that is in the public interest. The possible side effects of such developments can be proved a boon for this democratic essentiality of the nation. While the Constitution certainly accords to the judiciary the role of its watchdog, surely it cannot be anyone’s case that constitutional morality requires an unelected and autonomous organ to encourage the public to put stock in the notion that some organs are more trustworthy than the other under the Constitutional framework. 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