Constitutional Morality: A Contested New Frontier in Indian Judiciary
The Indian Supreme Court, led by Chief Justice Surya Kant, is reconsidering the validity of landmark judgements decriminalising adultery and same-sex relationships. The Centre argues that these rulings, based on 'constitutional morality,' lack firm legal grounding. The debate raises questions about judicial review, societal versus constitutional morality, and the separation of powers.
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- India
The Supreme Court of India faces a pivotal debate as it revisits landmark rulings on adultery and same-sex relationships. The Centre argues these judgements hinge on 'constitutional morality,' a concept under scrutiny by a nine-judge bench led by Chief Justice Surya Kant.
This legal reassessment initiates significant questions surrounding the extents of religious freedom and judicial review. Solicitor General Tushar Mehta emphasizes that constitutional morality represents a sentiment, not a legal doctrine, arguing that majoritarian views should prevail in a democracy.
The review scrutinizes the Joseph Shine and Navtej Singh Johar cases, both criticised for relying on foreign jurisprudence and subjective academic insights. The discourse challenges the separation of powers and ignites broader questions of societal versus constitutional morality.
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