In today’s era there is an ongoing debate between the Constitutional Morality and Public Morality. Constitutional Morality refers to the principles and values inculcated in the Constitution whereas Public Morality refers to the general beliefs, morals and values of society as a whole. Some argue that Constitutional Morality should preside over Public Morality as it is based on Rule of Law and protects the individual rights as taught in Law study in India. However, others argue that Public Morality should preside over Constitutional Morality in certain matters such as marital rape, same-sex marriage, abortion, foetus identification etc.
Constitutional Morality is the supremacy of the Constitution. Constitutional Morality is establishing a peaceful and stable government. It is supposed to provide freedom but impose reasonable restrictions to those freedoms. Constitutional Morality makes the governing institutes more accountable as taught in Law study in India.
Constitutional Morality is evidently prevailing in the Constitution of India. Firstly, Part-3 Fundamental Rights from Article-12 to Article-35. Secondly, Directive Principles of State Policy (Part-4) from Article-36 to Article-51. Thirdly, Part-4A Fundamental Duties Article-51A. Lastly, various well-established rights like the Rule of Law, Individual Liberty, Social Justice, Preamble etc as taught in BA LL. B Colleges.
Society does not remain static and changes with due process of time and requires the law and judicial development to keep up with them. This aspect can be clearly visible in various judicial pronouncements. For Example:-
In National Legal Services Authority v. Union of India, Supreme Court acknowledged discrimination faced by transgender. The Supreme Court held that government should take necessary steps for the Third Gender population considering their various rights in Article- 14, 15, 19 and 21 of the Indian Constitution. The Court upheld transgender person’s right to self-identification of their gender as taught in Best colleges for LL.B.
In Navtej Singh Johar & others v. Union of India, the Supreme Court provided the right of third gender ensuring their life, liberty, dignity and identity. Supreme Court held certain provisions of Section- 377 Indian Penal Code as unconstitutional as it violates the right of consensual sexual acts of adult homosexuals and was also inconsistent to Articles 14, 19 and 21 of the Indian Constitution as taught in Best colleges for LL.B.
In Shayara Bano v. Union of India, Supreme Court outlawed the practise of instant Triple Talaq. Supreme Court held that it is not an essential religious practise and it violates the fundamental rights under Articles 14, 19, 21 and 25-28 of the Muslim women as taught in Law courses after Graduation.
In Joseph Shine v. Union of India, Supreme Court struck down Section-497 of Indian Penal Code as unconstitutional. The court held that it violated women’s right to dignity and hence an infringement of right under Article-21 as taught in Law courses after Graduation.
In Justice K. S. Puttaswamy (Retd.) v. Union of India, Supreme Court held that the Right to Privacy is a fundamental inalienable right, essential to human dignity and liberty under Article 21 of the Indian Constitution as taught in BA LL. B Colleges.
Ultimately, the debate between Constitutional Morality and Public Morality is complex and requires a nuanced approach. While Constitutional principles should always be respected, it is important to consider the moral beliefs of the society and find a balance between protecting individual rights and reflecting the values of the majority. It is evidently visible in various judicial pronouncements, a beautiful blend of Constitutional Morality and Public Morality. Indian Constitution is often considered a living document because it is capable of adapting itself according to social requirements.
