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Polity, Governance and Current Affairs

Key Points at a Glance

Recent Constitutional Developments, Judicial Pronouncements, Constitutional Morality, Transformative Constitutionalism

Paper III · Unit 1 Section 1 of 11 PYQ-style 24 min

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Key Points at a Glance

  1. Constitutional Morality

    • Term used by Dr. Ambedkar in the Constituent Assembly
    • Refers to adherence to constitutional values (democratic process, individual rights, institutional procedures) over popular morality (majoritarian social norms)
    • Supreme Court invoked it in Navtej Singh Johar (2018) and Sabarimala (2018) to protect minority rights against popular opposition
  2. Transformative Constitutionalism

    • Idea that a constitution is not merely a static legal document but a transformative instrument for social change
    • Indian Constitution — embracing equality, dignity, and fraternity — was designed to transform a hierarchical society
    • Justice D.Y. Chandrachud has been its foremost judicial proponent in India
  3. Navtej Singh Johar v. Union of India (2018)

    • Supreme Court (5-judge bench, unanimous) struck down Section 377 IPC in relation to consensual homosexual acts between adults
    • Violated Articles 14, 15, 19, and 21
    • Held that sexual orientation is a protected ground under Article 15 because discrimination on this ground is analogous to discrimination on sex
    • Affirmed the right to sexual autonomy under Article 21
  4. Joseph Shine v. Union of India (2018)

    • Supreme Court (5-judge bench, unanimous) struck down Section 497 IPC (adultery law)
    • Violated Articles 14, 15, and 21 because the provision treated women as the property of husbands
    • Held that marital choices belong to individual autonomy
    • Eliminated a colonial-era law treating wives as subordinate
  5. Shayara Bano v. Union of India (2017)

    • Supreme Court by 3:2 majority struck down instant triple talaq (talaq-e-biddat) as manifestly arbitrary and violative of Article 14
    • Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act 2019
    • Instant triple talaq was made a criminal offence punishable with imprisonment of up to 3 years and fine
  6. K.S. Puttaswamy v. Union of India (2017)

    • Landmark 9-judge bench (unanimous) held Right to Privacy is a Fundamental Right under Articles 14, 19, and 21, with Article 21 as its core foundation
    • Overruled M.P. Sharma (1954) and Kharak Singh (1963)
    • Far-reaching implications for data protection, Aadhaar, surveillance, and individual autonomy
  7. Indian Young Lawyers Association v. State of Kerala (Sabarimala, 2018)

    • 4:1 majority held exclusion of women aged 10–50 from Sabarimala temple violated Articles 14, 15, 17, and 25
    • Justice Indu Malhotra dissented
    • Court invoked constitutional morality over popular/religious morality
    • Referred to a 9-judge bench in 2019 for broader questions on the interface between religious freedom and gender rights
  8. Janhit Abhiyan v. Union of India (2022)

    • Supreme Court by 3:2 majority upheld the 103rd Constitutional Amendment providing 10% EWS reservation
    • Held it does not violate the Basic Structure; economic criterion is a valid classification
    • Two dissenters (Justices Ravindra Bhat and Sudhanshu Dhulia) held it breaches the 50% ceiling and violates equality
  9. In Re: Article 370 (2023)

    • Constitutional Bench (5 judges, unanimous) upheld the Presidential Order of August 2019 abrogating J&K's special status
    • Article 370 was a temporary provision; J&K's sovereignty had completely merged with India
    • The President's power under Article 370(3) had not lapsed after the dissolution of the J&K Constituent Assembly; during President's Rule under Article 356, Parliament could exercise the powers of the J&K legislature for relevant purposes
    • Directed elections by September 2024; Assembly elections were held in 2024
  10. Rohith Vemula (2016) and Constitutional Identity

    • Debate following Rohith Vemula's institutional suicide intensified discussions on caste-based discrimination in educational institutions
    • Highlighted the gap between constitutional ideals (Articles 15, 17, 21) and lived reality
    • Illustrates the tension between constitutional text and transformative social achievement
  11. Citizenship Amendment Act 2019 (CAA)

    • Provided expedited citizenship to persecuted non-Muslim minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan who arrived before 31 December 2014
    • Rules notified in March 2024
    • Petitions challenging CAA as violating Article 14 by discriminating on religion are pending before the Supreme Court
  12. New Criminal Law Trilogy (2023)

    • Bharatiya Nyaya Sanhita (BNS) 2023 replaced IPC 1860
    • Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 replaced CrPC 1973
    • Bharatiya Sakshya Adhiniyam (BSA) 2023 replaced Indian Evidence Act 1872
    • All came into force 1 July 2024; the policy framing emphasises "Justice first, punishment second"