PRIVATE INTERNATIONAL LAW AND CONSTITUTIONAL MORALITY IN INDIA
AUTHOR – SARAVANAN KUMAR & MANIKANDAN M
LLB (HONS) III YEAR, STUDENTS AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI
BEST CITATION – SARAVANAN KUMAR & MANIKANDAN M, PRIVATE INTERNATIONAL LAW AND CONSTITUTIONAL MORALITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 271-282, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
In recent decades, India’s growing engagement with the global community through migration, international marriages, cross-border employment, education, and digital commerce has significantly increased the number of disputes involving foreign elements. Indian courts are now frequently confronted with questions relating to jurisdiction, choice of law, and recognition of foreign judgments in matters ranging from matrimonial disputes to international commercial transactions[1]. Traditionally, private international law (conflict of laws) addressed such issues through structured and technical rules designed to promote certainty, uniformity, and international comity. These rules were largely viewed as neutral mechanisms that avoided engaging with substantive questions of justice.
However, this approach is undergoing a transformation. At the same time that cross-border disputes have become more common, Indian constitutional jurisprudence has expanded considerably, with courts increasingly emphasizing dignity, equality, liberty, and individual autonomy[2]. The doctrine of constitutional morality developed and clarified in decisions such as Navtej Singh Johar v. Union of India, Indian Young Lawyers Association v. State of Kerala, and Joseph Shine v. Union of India has reinforced the idea that constitutional values must prevail over discriminatory social practices and majoritarian norms[3].
This paper examines whether and to what extent constitutional morality is reshaping Indian private international law. It argues that courts are increasingly testing foreign laws and judgments against constitutional principles, especially in areas such as family law, gender justice, and the public policy exception. In doing so, India appears to be gradually moving away from a purely formalistic conflict-of-laws model toward a rights-oriented framework. While this shift strengthens constitutional supremacy, it also raises important concerns about predictability and international comity in cross-border adjudication.
Keywords: Private International Law, Constitutional Morality, Conflict of Laws, Public Policy Exception, Fundamental Rights
[1] Tarasha Gupta & Saloni Khanderia, Cross-Border Litigation and Comity of Courts: A Landmark Judgment from the Delhi High Court, Conflict of Laws (Mar. 30, 2024), https://conflictoflaws.net/2024/cross-border-litigation-and-comity-of-courts-a-landmark-judgment-from-the-delhi-high-court/
[2] Gaurav Pachnanda, Is Arbitration Undergoing a Jurisprudential Transformation in India to Meet Our Unique Legal Requirements?, Bar & Bench (July 27, 2025), https://www.barandbench.com/columns/is-arbitration-undergoing-a-jurisprudential-transformation-in-india-to-meet-our-unique-legal-requirements
[3] Mazhar Khan & Dr. Anuradha Garg, Constitutional Morality and Amendment Acts: A Critical Study of Judicial Responses to Constitutional Changes in India, 11 Int’l J. of Law Iss. 9 24 (2025), https://www.lawjournals.org/assets/archives/2025/vol11issue9/11199.pdf