Confluence of Religious and Constitutional Morality: An Interpretation by Supreme Court

  • Vibhantika Dwivedi
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  • Vibhantika Dwivedi

    Ph.D. Research Scholar at Banaras Hindu University, Varanasi, India

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India, known for its rich tapestry of cultures, religions, and traditions, has grappled with the intricate interplay between constitutional morality and religious morality since its inception as a modern nation-state. Constitutional morality, enshrined in the Indian Constitution, reflects the secular and democratic principles upon which the nation was founded. It emphasizes individual rights, social justice, and the rule of law, serving as a guiding framework for governance and societal development. However, India's religious diversity, with its myriad belief systems and practices, has often led to tensions between constitutional and religious morals. Religious morality, deeply rooted in India's history, shapes the ethical compass of its citizens. The country is home to several major religions, including Hinduism, Islam, Christianity, Sikhism, Buddhism, and Jainism, each with its unique set of values and beliefs. These religious moralities can sometimes clash with constitutional principles, particularly in areas such as personal laws, freedom of expression, and cultural practices. This paper explores the nuanced relationship between these two moralities in the Indian context, shedding light on the challenges and opportunities they present for a diverse and pluralistic society. It also discusses how the Indian judiciary has played a crucial role in striking a balance between constitutional and religious morality, often through landmark judgments.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1099 - 1117


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