The Supreme Court has held that Constitutional Morality can override social morality when the two co…

polity hard true_false

The Supreme Court has held that Constitutional Morality can override social morality when the two conflict, particularly in matters of fundamental rights.

True
False

Answer: True

Navtej Singh Johar v. Union of India (2018): SC held Constitutional Morality (constitutional values) prevails over social morality (majoritarian views) when they conflict. Example: Decriminalizing homosexuality despite social opposition because Article 14, 15, 19, 21 protect individual dignity and autonomy. Similarly, Shayara Bano (triple talaq), Puttaswamy (privacy) affirm constitutional values over traditional practices violating fundamental rights.

Topic Constitutional Morality - Judicial Recognition

Exam Relevance Constitutional vs social morality distinction critical for UPSC Mains and advanced SSC exams

Quick Quiz Actions

Create a custom practice set

Weekly challenge coming soon

GK Question

The Supreme Court has held that Constitutional Morality can override social morality when the two conflict, particularly in matters of fundamental rights.