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Research Paper Volume 6 Issue 5 1099 - 1117 October 8, 2023

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

Lead author · Corresponding
Vibhantika Dwivedi
Ph.D. Research Scholar at Banaras Hindu University, Varanasi, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.115875
Abstract

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.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1099 - 1117
DOI: https://doij.org/10.10000/IJLMH.115875
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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