Recent Constitutional Developments, Judicial Pronouncements, Constitutional Morality, Transformative Constitutionalism
Key facts
- Constitutional Morality — Term used by Dr. Ambedkar in the Constituent Assembly
- Navtej Singh Johar v. Union of India (2018)
- Joseph Shine v. Union of India (2018) — Supreme Court (5-judge bench, unanimous) struck down Section 497 IPC (adultery law)
- Shayara Bano v. Union of India (2017) — Supreme Court by 3:2 majority struck down instant triple talaq (talaq-e-biddat) as manifestly arbitrary
- K.S. Puttaswamy v. Union of India (2017) — Landmark 9-judge bench (unanimous) held Right to Privacy is a Fundamental Right under Article 21
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 (consensual homosexual acts between adults)
- Violated Articles 14, 15, 19, and 21
- Held that sexual orientation is a protected ground under Article 15 (analogous to "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 — provision treated women as 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 — violating Article 14
- Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act 2019
- Instant triple talaq made a criminal offence punishable with up to 3 years imprisonment
- 6
K.S. Puttaswamy v. Union of India (2017)
- Landmark 9-judge bench (unanimous) held Right to Privacy is a Fundamental Right under Article 21
- 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 religion vs 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
- President's Rule under Article 356 allowed Parliament to exercise J&K Constituent Assembly functions
- Directed elections by September 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 (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; emphasises "Justice first, punishment second"
Introduction and Context
Recent constitutional developments matter for RAS because the topic asks candidates to connect live Supreme Court doctrine, legislative change, constitutional morality, and transformative constitutionalism rather than list cases mechanically.
Why Topic 94 Matters
Topic 94 is the most dynamic of the five constitutional topics — it covers developments that are literally evolving as this chapter is written (2026). The 2026 RPSC syllabus explicitly places "recent constitutional developments, judicial pronouncements, constitutional morality, and transformative constitutionalism" as a single examinable unit. Examiners expect candidates to know not just landmark cases but the conceptual frameworks underlying them.
The Legislative Department's official Constitution of India text, as on 1 May 2024, incorporates amendments up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. That matters for this topic because constitutional change is not only a matter of old case law; the live text, recent amendments, and recent judicial readings must be studied together.
Conceptual Pillar 1 — Constitutional Morality
Constitutional Morality — Dr. Ambedkar borrowed this phrase from the Greek historian George Grote. In the Constituent Assembly (November 4, 1948), Ambedkar warned that the greatest threat to democracy was not external invasion but internal disregard for constitutional processes — when majorities ignore minority rights or when institutions bypass legal procedures.
The Supreme Court has revived this concept to justify decisions that go against majoritarian popular opinion but uphold individual constitutional rights.
Conceptual Pillar 2 — Transformative Constitutionalism
Transformative Constitutionalism — Coined by Karl Klare in the South African context (1998) and applied by Indian scholars and judges. It holds that constitutional interpretation must actively advance the Constitution's transformative aspirations — social equality, dignity, and substantive freedom — rather than merely restraining state power.
This explains why Article 21 has been expanded to include a growing family of rights:
- Privacy
- Livelihood
- Health
- Education
- Clean environment
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PREDICTED Predicted RAS Questions
Based on PYQ trends and 2026 syllabus analysis
1 5M What is constitutional morality? How has the Supreme Court applied it in recent cases?
Model Answer
Constitutional morality, a concept invoked by Dr. Ambedkar, means adherence to constitutional values — democratic processes, individual rights, institutional procedures — over popular (majoritarian) norms. The Supreme Court applied it in Navtej Singh Johar (2018) to decriminalise consensual homosexuality despite public opposition, and in Sabarimala (2018) to allow women's entry into a temple despite religious custom. Constitutional morality protects minorities from majority overreach.
(56 words)
~50 words • 5 marks
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