DOCTRINE OF CONSTITUTIONAL MORALITY: AMMUNITION IN HANDS OF JUDICIARY OR INSTRUMENT OF JUSTICE?

Document Type : Research Note

Author

Symbiosis Law School, Pune

10.30489/cifj.2021.272000.1027

Abstract

This paper deals with the concept of constitutional morality in all and all in the Indian constitutional law context with a highlighting present development in the judiciary. The paper has covered all the fundamental aspects of doctrine of constitutional morality in toto from its source, significance and much more. The doctrine of constitutional morality is explained in details with its many meaning according to different notions of various scholars from George Grote’s history of Greece to the recent development of doctrine in the Indian context by judges in landmark judgements of Apex court. The paper deals with the true sense of doctrine of constitutional morality as what does it exactly means? Along with the ongoing debate as how this doctrine is just a weapon in the hands of Indian judiciary due to its wider scope and no reasonable restrictions on judiciary to use it by judiciary.

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Articles in Press, Accepted Manuscript
Available Online from 21 May 2021
  • Receive Date: 05 February 2021
  • Revise Date: 11 May 2021
  • Accept Date: 21 May 2021