What is meant by constitutional morality? What are the instances where constitutional morality has been followed in India?

Answer: Constitutional morality means adherence to the core principle of the Constitution in a democracy. Constitutional morality is not just adhering to the principles of the Constitution in literal sense, rather to realize the essence of its value in democratic process.

  • There are several instances where the Supreme Court and High Courts have given judgments emphasizing on following the value of the Constitution.
  • For instance, in 2009, in Naz Foundation case, High Court followed the principle of the Constitution as ‘morality’ in asserting the urgency of decriminalizing consensual sexual relation proscribed by Section 377, of IPC.
  • Further, the Supreme Court of ....
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