CORE Key Points at a Glance

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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"

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? 5 marks · 50 words

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

All Study Topics