CONSTITUTIONAL MORALITY AND THE CHANGING DIMENSION

By Adv sudheesh s kumar -

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 application for admission to an educational institution or for a job application. 

In Shayara Banu V. Union of India, the apex court held that triple talaq is unconstitutional thereby upholding constitutional values like equality and justice.

In Joseph Shine v. Union of India,  the supreme court decriminalizes the offense of adultery and makes it the only ground for divorce. Thereby uphold the personal sexual desires of an individual.

In navtej singh johar's case, the court recognized homosexuality and stated that constitutional morality cannot be martyred on the altar of social morality. 

While in the Sabarimala verdict, the court observed that social discrimination has to be evaluated through the prism of constitutional morality.

hence the apex court is always dealing with issues relating to constitutional morality. Constitutional morality is one of the standards which must be borne in mind by the citizens. It is not only the duty of the judiciary to enforce constitutional morality. It is the duty of the citizens also. when people uphold constitutional morality there will be progressiveness in society. Social morality varies from person to person but constitutional morality is a set of standards that helps to attain the goal of developing a welfare state.


 


I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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