Q. Which of the following statements is correct regarding the concept of constitutional morality?
Q. Which of the following statements is correct regarding the concept of constitutional morality?
The correct option is D Both a and c are correct.
Explanation:
Constitutional morality is not limited to following the constitutional provisions in a lateral sense. The concept is based on constitutional values like individual liberty, equality, social justice and the right to privacy. Constitutional morality means adherence to the core principles of constitutional democracy. Hence statement a is correct.
In the Sabarimala case, the Supreme Court reinstated the religious freedom, gender equality and the right of women to worship guaranteed under Article 14, 21 and 25 of the Constitution. On the other hand, SC struck down the practice of banning entry of women of a certain age to the Sabarimala temple in Kerala as unconstitutional.
- In this case, constitutional morality went against social morality that discriminates against women based on biological reasons like menstruation. Hence statement b is incorrect.
In another case, the Naz Foundation case, the Supreme Court held that only constitutional morality and not public morality should prevail.
Constitutional morality ensures the establishment of rule of law in a democracy due to its emphasis on supremacy of constitutional values. At the same time integrating the aspirations and ideals of the society. Hence statement d is correct.
Note - The extent and scope of constitutional morality have not been clearly defined by the Supreme Court, which leaves it open for subjective interpretations by individual judges.
Explanation:
Constitutional morality is not limited to following the constitutional provisions in a lateral sense. The concept is based on constitutional values like individual liberty, equality, social justice and the right to privacy. Constitutional morality means adherence to the core principles of constitutional democracy. Hence statement a is correct.
In the Sabarimala case, the Supreme Court reinstated the religious freedom, gender equality and the right of women to worship guaranteed under Article 14, 21 and 25 of the Constitution. On the other hand, SC struck down the practice of banning entry of women of a certain age to the Sabarimala temple in Kerala as unconstitutional.
- In this case, constitutional morality went against social morality that discriminates against women based on biological reasons like menstruation. Hence statement b is incorrect.
In another case, the Naz Foundation case, the Supreme Court held that only constitutional morality and not public morality should prevail.
Constitutional morality ensures the establishment of rule of law in a democracy due to its emphasis on supremacy of constitutional values. At the same time integrating the aspirations and ideals of the society. Hence statement d is correct.
Note - The extent and scope of constitutional morality have not been clearly defined by the Supreme Court, which leaves it open for subjective interpretations by individual judges.
