Analyzing the Role of Dharma in Constitutional Morality: The Impact of Indigenous Philosophies on the Indian Constitution.

Amit Kumar Rai

doi:10.36948/ijfmr.2025.v07i03.47958

Analyzing the Role of Dharma in Constitutional Morality: The Impact of Indigenous Philosophies on the Indian Constitution.

Author(s)	Mr. Amit Kumar Rai
Country	India
Abstract	This research paper tries to analyse the intricate relationship between Dharma—a central concept in Indian philosophical thought—and constitutional morality within Indian legal institutions. Although India's Constitution draws structures and principles from Western liberal democracies, it at the same time also shows distinctly Indian normative ideas based on Dharmic traditions. By close examination of constitutional provisions, Supreme Court decisions, and academic writing, this paper shows that the Indian Constitution is neither a copycat adoption of Western models nor merely a carryover of conventional schemes, but a syncretic synthesis which takes selective cues from both traditions. The study explores how certain constitutional aspects—such as the Preamble, Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties—embed or reinterpret Dharmic concepts like duty, cosmic order, and contextual ethics. The article also discusses landmark Supreme Court judgments that have invoked indigenous philosophical traditions explicitly or implicitly, showing a developing jurisprudence that balances constitutional principles and traditional values through ideas like transformative constitutionalism. In identifying tensions between constitutional morality and Dharmic traditions, namely between community obligations and individual rights, the research also highlights important complementarities in their shared commitments to pluralism, social harmony, and contextual ethics. These conclusions counter simplistic "traditional" versus "modern" dichotomies and instead suggest the potential for fruitful conversation between diverse normative traditions. Indian experience presents lessons of enduring significance for comparative constitutional thinking and worldwide constitutional evolution, reaffirming the ability of non-Western philosophy traditions to impart an invaluable addition to contemporary politics without sacrificing cosmopolitan wisdom. Comprehension of this special constitutional synthesis is important not merely for understanding Indian constitutionalism but also for enriching world constitutional theory and practice in a world of heightened cultural awareness and normative diversity.
Keywords	Dharma, Constitutional Morality, Indian Constitution, Indigenous Philosophy, Legal Pluralism, Comparative Constitutionalism
Published In	Volume 7, Issue 3, May-June 2025
Published On	2025-06-13
DOI	https://doi.org/10.36948/ijfmr.2025.v07i03.47958
Short DOI	https://doi.org/g9qqfd

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Analyzing the Role of Dharma in Constitutional Morality: The Impact of Indigenous Philosophies on the Indian Constitution.

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