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Constitutional Morality reinforces that certain fundamental rights (e.g., equality, liberty, dignity) are part of the basic structure of the Constitution, meaning Parliament cannot amend the Constitution to destroy these core rights even with special majority.
- True
- False
Answer: True
Constitutional Morality and basic structure: (a) Kesavananda Bharati (1973): Basic structure includes supremacy of Constitution, republican/democratic form, secularism, federalism, judicial review, rule of law, individual dignity — many derived from Fundamental Rights and Constitutional Morality values, (b) Subsequent cases: (i) Minerva Mills (1980): Balance between FRs and DPSP is basic structure, (ii) Puttaswamy (2017): Privacy intrinsic to liberty/dignity; core rights unamendable, (iii) Navtej Singh Johar (2018): Equality, non-discrimination part of basic structure, (c) Constitutional Morality role: Helps identify which values are so fundamental they constitute basic structure; guides interpretation of what cannot be amended, (d) Implications: Parliament cannot amend Constitution to: (i) Abolish FRs, (ii) Remove judicial review of rights violations, (iii) Destroy core values (secularism, equality, dignity), (e) Flexibility: Rights can be reasonably restricted (Article 19) or balanced (proportionality test), but core cannot be destroyed. Illustrates constitutional supremacy: rights protected against transient majorities through basic structure doctrine guided by Constitutional Morality.