SC Verdict on Section 377: Why SC’s Verdict on Section 377 is a Message for All Time
Throughout his commentary he emphasises upon the difference between constitutional morality and social morality – and that the rights of individuals cannot be subverted by the latter – so long as there is rule of law in India. While emphasising on notions of inclusiveness, dignity and non-discrimination as bulwarks of the Indian Constitution, CJI Dipak Misra holds that “social morality has to succumb to the concept of constitutional morality”. CJI Misra imposes – even upon a popular government – a duty to protect constitutional values which may not be acceptable to the majority. The astute observation that “any attempt to push and shove a homogeneous, uniform, consistent and a standardised philosophy throughout the society would violate the principle of constitutional morality” is timeless.
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