LEX ASPIRANTS

Constitutional morality is the adherence to the principles of constitutional values. it changes from time to time. Some of the constitutional values are democracy, secularism, equality of status and opportunities, liberty of speech and expression, liberty of belief, and equal protection. Therefore constitutional morality is rooted in the Constitution itself. Constitutional moralities are developing in accordance with the changes in society. Society does not remain static and changes with due process of time and requires the law and judicial developments to keep going with them. The judiciary upheld constitutional morality through various decisions. They are: In the case, NALSA  v. Union of India the apex court recognized the 3rd gender community. ie, transgender persons. The said case makes a very great impact on society. prior to the decisions those people did not get any acceptance in the society. Now they have been given recognition. today in every application like an applicatio...

Until the 1960's abortion was illegal in India and unless the procedure was done with good faith the mother would be punished under section 312 of the Indian Penal Code. It was in the middle of the 1960's government set up a committee and thereby in 1971, enacted the Medical Termination of Pregnancy Act. The Act provides for the termination of certain pregnancies through medical practitioners. Thus legalized abortion. Initially, the law permit abortion up to 20 weeks, and in 2021 it increases the period from 20 weeks to 24 weeks for special categories of women like rape survivors, minors, mental illness, and physically disabled. In a historical judgment, the apex court declared that prohibiting single women with pregnancies up to 24 weeks from accessing abortion while allowing married women with the same term of pregnancy amounts to discrimination. The constitution guarantees a dignified life, the right to privacy, and the right to reproductive choice / bodily autonomy to the c...

India being a diverse nation with multiple religions and religious laws, have different personal laws for different religious communities. The marriage, Divorce, inheritance, adoption, and succession of people in various communities are regulated by their respective personal laws. Mostly it is based on their religious texts and customs.  The idea behind the Uniform civil code is to have a common set of laws governing personal matters such as marriage, Divorce, inheritance, adoption, and succession for all citizens irrespective of their religion. The debate on the Uniform civil code goes back to the constituent assembly debates. In fact, one could assert that the legality of the Uniform civil code is rooted in the Constitution itself.  Article 44  of the constitution (directive principles of state policy )mandates that the state shall take the endeavor for the implementation of the Uniform civil code for the citizens. The objective of  DPSP is to act as a guideline to...