A Dichotomy between Constitutional Morality and Public Morality: An Insight into Judicial Trends

  • Prerna Singh and Kirtsimran Nagpal
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  • Prerna Singh

    Advocate at District and Sessions Court, Amritsar, Punjab, India

  • Kirtsimran Nagpal

    Advocate at District and Sessions Court, Amritsar, Punjab, India

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Is decriminalisation of homosexuality immoral? Are the same sex marital unions moral? Whether allowing women to enter the Sabrimala temple justified? Is the hijab ban immoral and domineering? Several such moral questions grip the Indian Judiciary every now and then. It is false to opine that the law and morality are distinct in character, especially when the idea of constitutional morality constitutes the basic structure of Indian grundnorm. A rigid demarcation of law and morality is highly improbable. However, there lies a clear diversion between the idea of constitutional morality and public morality. While the former focuses on upholding the supremacy of law, the latter is merely concerned with the societal inferences of morality. The idea of constitutional morality was instilled to strengthen the democratic nature of the Indian Soil. In contrast to this, public morality is an idea which has been in existence since time immemorial. These two contradicting concepts pose a problem in the judicial interpretation of laws. It is the obligation of the judiciary to decide in the interest of common benefit of the nation. It is not only the duty of the state to secure justice for all but the judiciary is equally responsible for that. An important question that arises is how far the judiciary is able to strike a balance between constitutional morality and public morality. It is also important to consider that how far the judiciary is able to uphold the ethos of constitutional morality and sidelining the interests of certain set of populace under the shadow of public morality. This research paper will expound upon the idea of constitutional morality and public morality. It will focus on the significant judicial trends in upholding the constitutional morality over public morality and also determine the direction in which Indian society is heading at the helms of constitutional morality.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 2961 - 2970

DOI: https://doij.org/10.10000/IJLMH.117780

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