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Constitutional Morality Vs. Popular Morality: Who Defines Justice in India?

Author(s) Ms. Saloni
Country India
Abstract In a living democracy like India, where conflicting traditions clash with evolving ideals, the confrontation between constitutional and popular morality distills the very nature of justice. This research paper analyzes the judiciary of India as the ultimate bulwark of constitutional morality, shielding fundamental rights against the shifting waves of popular emotion and majoritarian assertion. Through examining landmark Supreme Court rulings and academic literature, it raises the tension between upholding universal constitutional principles and respecting social mores. It provides analysis to the effect that while common morality taps into society's pulse, it cannot overshadow the Constitution's promise of equality, freedom, and dignity for all. Finally, this paper asserts that real justice in India is not at the mercy of the will-o'-the-wisp moods of the majority but rooted in the unbreakable moral fiber of constitutional morality — the indomitable cornerstone of democracy and human rights.
Keywords CONSTITUTIONAL MORALITY, POPULAR MORALITY, JUSTICE IN INDIA, INDIAN CONSTITUTION, FUNDAMENTAL RIGHTS, SUPREME COURT OF INDIA, SOCIAL JUSTICE, DEMOCRACY, MAJORITARIANISM, MINORITY RIGHTS, EQUALITY, LIBERTY, DIGNITY, JUDICIAL INTERVENTION, SOCIAL REFORM, HUMAN RIGHTS, LEGAL PRINCIPLES, CULTURAL NORMS, RELIGIOUS TRADITIONS, MAJORITY OPINION, CONSTITUENT ASSEMBLY, DR. B.R. AMBEDKAR, NAVTEJ SINGH JOHAR CASE, SABARIMALA JUDGMENT, TRIPLE TALAQ CASE, JUDICIAL OVERREACH, DEMOCRATIC ACCOUNTABILITY, SOCIAL DIVERSITY, INCLUSION, RIGHTS PROTECTION, JUDICIAL ACTIVISM, SOCIAL MOVEMENTS, FEMINISM, LGBTQ+ RIGHTS, CASTE DISCRIMINATION, RULE OF LAW, ETHICAL FRAMEWORK, MORAL PHILOSOPHY, HUMAN DIGNITY, SOCIAL EVOLUTION, POLITICAL CULTURE, JUDICIAL BALANCE, CONSTITUTIONAL PRINCIPLES
Field Sociology > Politics
Published In Volume 16, Issue 4, October-December 2025
Published On 2025-10-27
DOI https://doi.org/10.71097/IJSAT.v16.i4.8584
Short DOI https://doi.org/g98ndk
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