GK Question

polity hard mcq

In which case did the Supreme Court explicitly use Constitutional Morality to strike down a law criminalizing consensual same-sex relations, holding that constitutional values of dignity and equality override majoritarian social views?

  1. Kesavananda Bharati v. State of Kerala (1973)
  2. Navtej Singh Johar v. Union of India (2018)
  3. SR Bommai v. Union of India (1994)
  4. Minerva Mills v. Union of India (1980)

Answer: Navtej Singh Johar v. Union of India (2018)

Navtej Singh Johar (2018) and Constitutional Morality: (a) Facts: Challenge to Section 377 IPC criminalizing consensual same-sex relations, (b) Holding: 5-judge bench unanimously struck down Section 377 to extent it criminalizes consensual adult same-sex relations, (c) Constitutional Morality application: (i) Constitutional values (dignity, equality, liberty) prevail over social morality (majoritarian views), (ii) Sexual orientation intrinsic to personality; discrimination violates Articles 14, 15, 19, 21, (iii) State cannot criminalize private consensual conduct between adults, (d) Impact: Landmark LGBTQ+ rights judgment; foundation for subsequent cases on marriage, adoption, anti-discrimination. Illustrates judicial role in protecting constitutional values against majoritarian impulses.

Topic Constitutional Morality - Judicial Application
Exam Relevance Constitutional morality application critical for UPSC Mains and current affairs exams
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