|
Constitutional Morality Doctrine
The Solicitor General urges the Supreme Court to disregard the doctrine of constitutional morality in the Sabarimala case. The issue brings focus on its role in constitutional interpretation and rights protection.
Constitutional Morality:
| Dimension | Key Details |
|---|---|
| Definition | Provides for adherence to core constitutional values such as justice, liberty, equality, and fraternity. |
| Constitutional Status | Is not explicitly mentioned in the Constitution of India. |
| Origin | Provides for term coined by George Grote in History of Greece. |
| Indian Context | Provides for invocation by B R Ambedkar in the Constituent Assembly in 1948. |
| Core Principles | Comprises rule of law, individual liberty, separation of powers, and accountability. |
| Judicial Use | Provides for use by courts in interpreting constitutional provisions and safeguarding rights. |
| Democratic Role | Provides for protection of minority rights and prevention of arbitrary exercise of power. |
| Key Judgements | Comprises Navtej Singh Johar 2018, Sabarimala 2018, Joseph Shine 2018, and Kesavananda Bharati 1973. |
| Consequences of Disregard | Provides for weakening of institutions, rise of populism, and erosion of equality. |