Two of the most celebrated Supreme Court judgments of the last decade — the one that decriminalised consensual same-sex relations and the one that struck down the criminal offence of adultery — are being openly questioned before the Court itself. The Union government has now told the Supreme Court that both rulings rested on an over-extended reading of a concept called 'constitutional morality', and that this makes them doubtful precedent. For a country where these two judgments are widely taught as textbook examples of the Constitution protecting individual dignity against majoritarian disapproval, that is not a small submission.
Centre Tells Supreme Court That Constitutional Morality Cannot Override 'Good Law': What It Means for the Navtej Singh Johar and Joseph Shine Legacy
The Union government's submission that the decriminalisation of homosexuality and adultery rested on a flawed use of 'constitutional morality' reopens a foundational debate about how much the Constitution can override majoritarian morality embedded in ordinary law.
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Reporting sources: Centre tells SC adultery, same-sex rulings based on 'constitutional mo… · India Supreme Court ruling could shape the future of LGBTQ rights - 76…