CONSTITUTIONAL MORALITY AND THE INDIAN JUDICIARY: BALANCING TRADITION AND MODERNITY

Abstract

This paper examines the growing importance of constitutional morality in the Indian judicial system. Constitutional morality acts as a moral compass that guides judges to interpret the Constitution not just by its text but by its values — equality, liberty, dignity, and justice. In India, where tradition and religion play strong roles in shaping social norms, constitutional morality ensures that individual rights are protected even when they go against conventional beliefs. Through landmark judgments like Navtej Singh Johar v. Union of India, Joseph Shine v. Union of India, Indian Young Lawyers Association v. State of Kerala, and others, the judiciary has shown how constitutional morality helps in balancing the tension between modern constitutional ideals and long-standing social traditions. The paper argues that constitutional morality is essential for maintaining the spirit of the Indian Constitution and ensuring justice for all citizens.