Public Morality Vs. Constitutional Morality: Who Shapes The Soul Of The Constitution?

Author(s)	Ms. Adv. Keerthana Krishnan
Country	India
Abstract	India's constitutional evolution has been characterized by an ongoing conflict between the principles established in the Constitution and the existing societal beliefs. This division between constitutional morality and public morality has significantly influenced not just court rulings but also the wider legal and political dialogue. While constitutional morality is rooted in the ideals of liberty, equality, fraternity, and justice, public morality often mirrors prevailing social norms, religious beliefs, and cultural practices. This study is inspired by the increasing clash between these two moral frameworks in the formation of laws and court decisions. It contends that constitutional morality should take precedence, as it provides a consistent, rights-based structure vital for safeguarding individual freedoms and fostering social justice, even when these principles may oppose majority sentiments or traditional values.
Keywords	Public Morality, Constitutional Morality,Indian Constitution, Fundamental Rights, Social Justice, Judicial Interpretation, Majoritarianism
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 4, July-August 2025
Published On	2025-07-30
DOI	https://doi.org/10.36948/ijfmr.2025.v07i04.52490
Short DOI	https://doi.org/g9vpmp

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