Private International Law And Constitutional Morality In India
- IJLLR Journal
- Mar 23
- 2 min read
Gunal S, LLB, Vinayaka Missions' Law SchoolMani Maran S, B.COM, LLB, Vinayaka Missions' Law School
ABSTRACT
In recent years, India’s engagement with the international community has grown significantly. Factors such as migration, employment opportunities abroad, international marriages, overseas education, and the expansion of digital trade have increased interactions across national borders. As a result, disputes involving foreign elements have become more frequent. Indian courts now regularly confront legal issues related to jurisdiction, applicable law, and the recognition and enforcement of foreign judgments, particularly in matters like matrimonial disputes and international commercial dealings.
Traditionally, these issues were handled under the framework of private international law, also known as conflict of laws. This field developed a set of structured and technical rules designed to manage cross-border disputes. The primary purpose of these rules was to maintain certainty, consistency, and respect among different legal systems, often referred to as international comity. Historically, private international law was viewed as largely procedural and neutral, focusing more on determining the appropriate legal system rather than examining broader questions of justice or individual rights.
This traditional perspective has begun to change. While cross-border disputes have increased, Indian constitutional jurisprudence has also developed in important ways. Courts have placed stronger emphasis on constitutional values such as dignity, equality, liberty, and personal autonomy. The idea of constitutional morality, highlighted in landmark Supreme Court judgments like Navtej Singh Johar v. Union of India, Indian Young Lawyers Association v. State of Kerala, and Joseph Shine v. Union of India, stresses that constitutional principles should prevail over discriminatory traditions or majoritarian social practices.
This paper examines how the idea of constitutional morality is beginning to influence the development of private international law in India. It suggests that courts are increasingly assessing foreign laws and foreign judgments through the lens of constitutional values, particularly in areas such as family law, gender equality, and the application of the public policy exception. Through this approach, India appears to be gradually shifting from a purely technical conflict-of-laws framework toward one that places greater importance on rights and constitutional principles.
Keyword: Constitutional Morality, Private International Law, Jurisdiction, Choice of law, Foreign Judgments, Public Policy, etc.
