Aspirant Academy

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 0 PYQs 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 (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"