GK Question

Answer: True

Navtej Singh Johar (2018) Constitutional Morality and minority protection: (a) Context: Challenge to Section 377 IPC criminalizing consensual same-sex relations between adults, (b) Supreme Court holding (5-judge bench unanimous): (i) Constitutional Morality (constitutional values) prevails over social morality (majoritarian views), (ii) Sexual orientation intrinsic to personality; discrimination violates Articles 14, 15, 19, 21, (iii) State cannot criminalize private consensual conduct between adults, (c) Applications: (i) Decriminalization: Foundation for subsequent cases on marriage, adoption, anti-discrimination for LGBTQ+ persons, (ii) Institutional reforms: Directions for sensitization of police, judiciary, healthcare providers, (iii) Legislative follow-up: Ongoing debate on civil unions, marriage equality, anti-discrimination law, (d) Rationale: (i) Constitutional supremacy: Constitution protects minorities and individuals against majoritarian impulses; democratic legitimacy requires respecting constitutional limits, not just popular will, (ii) Transformative constitutionalism: Using Constitution as tool for social justice, not merely reflecting existing social norms, (iii) Rights protection: Constitutional values (dignity, equality, liberty) provide normative framework for protecting marginalized groups, (e) Challenges: (i) Social acceptance: Legal reform requires accompanying social education, community engagement, (ii) Implementation: Ensuring rights realized in practice, not just declared in judgments, (f) Illustrates transformative constitutionalism: Constitutional Morality as tool for advancing substantive equality; courts protect constitutional values against majoritarian impulses to realize transformative vision of dignity, justice for all.