GK Question

polity hard mcq

Constitutional Morality acts as a check on majoritarian democracy by ensuring that laws and policies, even if supported by electoral majority, must comply with fundamental rights and constitutional values protecting minorities and individuals. Which case exemplifies this principle?

  1. Kesavananda Bharati v. State of Kerala (1973)
  2. Navtej Singh Johar v. Union of India (2018)
  3. Minerva Mills v. Union of India (1980)
  4. All of the above

Answer: All of the above

Constitutional Morality vs majoritarianism cases: (a) Kesavananda Bharati (1973): Basic structure doctrine limits parliamentary sovereignty; Parliament cannot amend Constitution to destroy core values (democracy, secularism, federalism) even with majority support, (b) Navtej Singh Johar (2018): Constitutional values (dignity, equality) prevail over social morality (majoritarian views) in protecting LGBTQ+ rights, (c) Minerva Mills (1980): Balance between Fundamental Rights and Directive Principles is basic structure; Parliament cannot give primacy to one over other to destroy constitutional balance, (d) Common principle: Democracy is substantive (protecting all citizens) not merely procedural (majority rule); Constitutional Morality ensures transient majorities cannot undermine enduring constitutional values. Illustrates constitutional democracy: popular sovereignty constrained by constitutional limits to protect minorities and individuals.

Topic Constitutional Morality - Majoritarianism Check
Exam Relevance Majoritarianism check through constitutional morality critical for UPSC Mains and Judiciary exams