Abstract

Law is a complex study, isolation of law is practically not possible. The jurisprudential theories have been evolving and have introduced numerous approaches. Morality and law though viewed as conflicting are foundationally inseparable. The paper highlights arguments between legal positivism and natural law theory while discussing how morality has historically influenced the creation of laws both internationally and in India. It places emphasis on the development of legal frameworks that give constitutional morality top priority, guaranteeing respect to the core values and rights enshrined in the Indian Constitution.The societies are governed by law nonetheless they are at times built on moral and religious values. Consequently, our law has to deal with morals and religion by resolving the issues between constitutional morality and social morality. Civilization has brought great developments and transformations in society but has not completely brought it out of its roots. This paper explores how Indian jurisprudence dynamically balances social and constitutional values. It explores the ways in which these two moral systems impact legal interpretations and rulings, influencing the development of legislations. The concept of social morality is examined in its cultural and societal context, highlighting its role in governing the human behaviour and societal norms. On the other hand, constitutional morality is defined as upholding the values found in the Indian Constitution, which prioritizes justice, equality, and fundamental rights over customary social norms. This paper examines how social morality is shaped by cultural and societal circumstances and how it influences and interprets the law, emphasizing how laws change over time to reflect changing social standards.

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