The Role of Indian Judiciary in Justifying the Constitutional Morality over Social Morality

Abstract

The Indian Constitution is a multi-pronged, dynamic document. It is world’s largest constitution borrows many provisions from different countries. The main feature is that it is a written constitution and it called grundnorm. The primary source of authority for all other norms is the constitution. It contains fundamental rights, directive principles, powers and functions of President, Prime Minister and other ministers and functions o judiciary. Although, the constitution of India, demarcates the boundaries of Legislation, Executive and Judiciary however, there is an indirect relationship between them. It the function of legislature to enact laws, executive implements the law and judiciary interprets and protect the rights which have been granted to the people. It is explicit that law making functions do not come within the domain of judiciary. judiciary plays very significant role in interpreting the law unambiguously and evolves new principles of laws. In many significant cases judiciary gives guidelines where either there is absence of particular law on particular issues or law are ambiguous. Judiciary sets the background for formulating new laws according to needs of society and it is the legislature which follows the guidelines for enactment of laws. Similarly, judiciary while interpreting any law justifies the constitutional morality over social morality. The people of India believe in impartial functioning of judiciary, this is the reason they oblige the precedents, doctrines and decisions of judiciary in number of landmark cases e.g. doctrine of basic structure, doctrine of severability, right to privacy, right to choice, hijab ban etc.