Crafting Laws with Conscience: The Interplay of Morality and Legislative Processes in India

Abstract

This article examines the dynamic interplay between morality and the legislative process in India, exploring how personal, societal, and constitutional morality shape the creation, interpretation, and enforcement of laws. Tracing the historical trajectory from colonial statutes influenced by Victorian norms to post-independence reforms rooted in constitutional values, it highlights the evolution from enforcing social morality to prioritising constitutional morality. Through landmark judicial decisions—such as Navtej Singh Johar, Shayara Bano, and Joseph Shine. The judiciary’s role in safeguarding dignity, equality, and liberty against majoritarian moral pressures is underscored. The paper analyses key statutes, including the Immoral Traffic (Prevention) Act, the Protection of Women from Domestic Violence Act, and contemporary laws on surrogacy, data protection, and environmental protection, to illustrate moral imperatives in lawmaking. It also addresses tensions between morality and democracy, the influence of politics and lobbying, and implementation challenges. The study concludes with recommendations for evidence-based legislative processes and stronger public participation to ensure that morality in law remains consistent with constitutional principles.