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In Navtej Singh Johar v. Union of India (2018), the Supreme Court held that Constitutional Morality (constitutional values of dignity, equality, liberty) must prevail over social morality (majoritarian views) when they conflict in matters affecting fundamental rights.
- True
- False
Answer: True
Navtej Singh Johar (2018) Constitutional Morality vs social morality: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Constitutional Morality (constitutional values) prevails over social morality (majoritarian views) when they conflict, (ii) Sexual orientation intrinsic to personality; discrimination violates Articles 14, 15, 19, 21, (iii) State cannot criminalize private consensual conduct between adults, (c) Applications: (i) Decriminalization: Foundation for subsequent cases on marriage, adoption, anti-discrimination for LGBTQ+ persons, (ii) Institutional reforms: Directions for sensitization of police, judiciary, healthcare providers, (iii) Legislative follow-up: Ongoing debate on civil unions, marriage equality, anti-discrimination law, (d) Rationale: (i) Constitutional supremacy: Constitution protects minorities and individuals against majoritarian impulses; democratic legitimacy requires respecting constitutional limits, not just popular will, (ii) Transformative constitutionalism: Using Constitution as tool for social justice, not merely reflecting existing social norms, (iii) Rights protection: Constitutional values (dignity, equality, liberty) provide normative framework for protecting marginalized groups, (e) Challenges: (i) Social acceptance: Legal reform requires accompanying social education, community engagement, (ii) Implementation: Ensuring rights realized in practice, not just declared in judgments, (f) Illustrates transformative constitutionalism: Constitutional Morality as tool for advancing substantive equality; courts protect constitutional values against majoritarian impulses to realize transformative vision of dignity, justice for all.