Constitutional Morality represents the supreme values enshrined in the Constitution, serving as a guiding framework that transcends popular or social morality in judicial decision-making.

Origins and Core Principles of Constitutional Morality

• Dr. B.R. Ambedkar conceptualized it as adherence to constitutional methods and values over mob rule or popular sentiment
• Emphasizes constitutional supremacy where fundamental principles override societal prejudices and traditional practices
• Rooted in core constitutional values: justice, liberty, equality, and fraternity as outlined in the Preamble
• Mandates that all actions, laws, and practices must conform to constitutional principles rather than popular opinion
• Ensures protection of individual rights and dignity even against majoritarian views

Constitutional Foundations and Framework

Judicial Pronouncements and Landmark Cases

• Navtej Singh Johar v. Union of India (2018): Supreme Court decriminalized homosexuality under Section 377, emphasizing constitutional morality over public morality in protecting LGBTQ+ rights
• Indian Young Lawyers Association v. State of Kerala (2018): Sabarimala judgment allowed women's entry into temple, prioritizing gender equality over religious traditions
• Joseph Shine v. Union of India (2018): Struck down adultery law (Section 497), upholding women's autonomy and dignity over patriarchal social norms
• Shayara Bano v. Union of India (2017): Triple Talaq case invalidated instant divorce practice, ensuring gender justice within constitutional framework
• K.S. Puttaswamy v. Union of India (2017): Recognized Right to Privacy as fundamental right, establishing individual autonomy against state interference

Constitutional Morality continues evolving through judicial interpretation, ensuring India's legal framework remains progressive and aligned with constitutional values of human dignity and equality.