Constitutional morality: a pillar of democratic governance

Research Article
*Vibhor Choudhary
DOI: 
DOI: http://dx.doi.org/10.24327/ijrsr.20241501.0849
Subject: 
Law
KeyWords: 
Constitutional Morality, Indian Constitution, Fundamental Rights, Judicial Independence, Social Justice, Minority Rights, Majority Will, Judicial Activism.
Abstract: 

Indian democracy is built on constitutional morality which forms part of its constitution and is sustained by its judiciary. The history behind the origination, legal background and modern aspects of this idea are summarized in this abstract. It discusses its crucial function in defending basic freedoms, ensuring proper accountability structures, and fostering dignity for minorities. Some of these are subjective interpretations, judicial activism, majority will and minority rights and so on. While dealing with issues such as, LGBTQ+ rights and privacy, constitutional morality has become more relevant rather than becoming extinct considering that societal norms keep on changing. This leads to recommendations that should be put in place to reinforce the effectiveness of this idea such as ensuring a strong independent judiciary, provision of public education, as well as a uniform and fair constitutional interpretation. Legislative reforms as well as active involvement by NGO’S are necessary in striking a balance of safeguarding minority rights, while respecting majority decision. These recommendations will ensure India’s constitutional morality continues being a compass of the country’s democratic growth.