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VOL. 11, ISSUE 9 (2025)
Constitutional morality and amendment acts: A critical study of judicial responses to constitutional changes in India
Authors
Mazhar Khan, Dr. Anuradha Garg
Abstract
The doctrine of
constitutional morality has emerged as a pivotal standard in the Indian
constitutional framework, shaping judicial responses to constitutional
amendments and testing the limits of parliamentary sovereignty. This paper
critically examines how the judiciary, particularly the Supreme Court of India,
has invoked constitutional morality as a normative compass in reviewing
constitutional changes, thereby reinforcing the doctrine of the basic structure
while safeguarding democratic principles and fundamental rights. It
contextualizes the historical evolution of constitutional morality from its
early conceptualization in the Constituent Assembly Debates to its contemporary
judicial applications in landmark cases, such as Kesavananda Bharati v. State
of Kerala, Indira Nehru Gandhi v. Raj Narain, and more recent judgments like
Navtej Singh Johar v. Union of India and Indian Young Lawyers Association v.
State of Kerala. The study highlights how judicial reliance on constitutional
morality has redefined the contours of constitutional interpretation, balancing
transformative constitutionalism with institutional limitations. At the same
time, it interrogates the tension between judicial activism and parliamentary
supremacy, questioning whether excessive judicial reliance on constitutional
morality risks creating a counter-majoritarian bias that undermines democratic
will. By engaging with comparative constitutional jurisprudence, the paper
situates the Indian experience within a broader global discourse on constitutional
amendments and judicial review. Ultimately, the study argues that
constitutional morality serves as a vital safeguard against arbitrariness and
authoritarianism but requires consistent doctrinal clarity to prevent its
overextension. This critical analysis underscores the need for a nuanced
understanding of constitutional morality as both a guiding principle and a
judicial restraint in order to ensure that the Indian Constitution remains a
living document responsive to societal transformations while preserving its
foundational ethos.
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Pages:24-31
How to cite this article:
Mazhar Khan, Dr. Anuradha Garg "Constitutional morality and amendment acts: A critical study of judicial responses to constitutional changes in India". International Journal of Law, Vol 11, Issue 9, 2025, Pages 24-31
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