Constitutional Morality in the Context of Indian Legal System

Ananya Chakravarti
Advocate, Bar Council of Delhi, India

Volume III, Issue II, 2020

The Constitution of India is a legal as well as a moral document. While the word ‘morality’ has been mentioned only four times in the Constitution, twice in Article 19, also more commonly known as right to freedom of expression and once in Article 25 and Article 26 under right to freedom of religion. The literal meaning of the term constitutional morality is adherence of the constitutional democracy

Its scope is not limited only to following the constitutional provisions but a commitment to inclusive and democratic political process in which both individual and collective interests are satisfied. It encompasses ensuring the constitutional values like rule of law, social justice, individual freedom, judicial independence, sovereignty etc. Till now many laws have been made by the Judiciary and Parliament that shows commitment to Constitutional morality. Some of them are: –

1. Decriminalising of Section 377 of the Indian Penal Code (1860)
2. Striking down of Section 66 of the Information Technology Act (2000) (Shreya Singhal case, 2015)
3. Medical Termination of Pregnancy Act
4. Criminal Law Amendment Act
5. Opening of Sabarimala temple to women of all age
6. Ban on triple talaq


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