Soumya Tiwari, DSNLU
ABSTRACT
At every point, moral issues infiltrate the law. It is exceedingly implausible that morality and legality are inextricably linked. In 2018, the Supreme Court of India delivered landmark rulings (on the right to privacy, decriminalization of consensual relationships under sections 377 and 497 of the Indian Penal Code, triple talaq, and the Sabarimala temple issue) based on constitutional morality. Constitutional Morality entails adhering to or remaining true to the fundamental principles underlying constitutional values.”
“It entails a commitment to an open and democratic political process capable of balancing individual and community interests. The constitutional ideals of India include democracy, socialism, equality, and integrity. In a nutshell, the preamble establishes the constitutional values. Constitutional morality is a necessary condition for the effectiveness of constitutional laws. The diffusion of morality into human rights can be perilous since it invites a lot of subjective interpretation and can be a red signal for the marginalized and vulnerable groups because of their number and representation, which is gravely low in front of the contrary majority and “socially accepted” moral values and ethics. Therefore, it becomes important to view the human rights from the lens of constitutional morality and not “social morality”, and to ensure the respect, liberty and freedom of each individual in accordance with the constitution and human values regardless of any aspect.
Keywords: morality, human rights, constitutional morality, social morality, Supreme Court.
