Abstract

The interplay between cultural and constitutional morality constitutes a substantial challenge within India’s pluralistic legal framework. Cultural morality—anchored in traditions, customs and religion—frequently conflicts with constitutional morality; this latter upholds the values of justice, equality, liberty and fraternity enshrined within the Indian Constitution. This research paper critically examines the evolving relationship between these moral frameworks, their legal interpretations and the broader socio-cultural implications. Tracing the historical background of constitutional morality and its conceptualization by Dr. B.R. Ambedkar, the paper explores its judicial evolution in India, alongside the judiciary’s role as custodian of constitutional principles. It further analyzes the legal recognition of cultural practices and judicial interventions that have challenged and, in some instances, redefined these practices to align with constitutional values. However, the complexities of this relationship necessitate a nuanced understanding, because the dynamics of cultural and constitutional morality are not static; they remain dynamic and continually evolving. Through an analysis of seminal cases such as Navtej Singh Johar v. Union of India (2018), Indian Young Lawyers Association v. State of Kerala (2018) and Shayara Bano v. Union of India (2017), this paper critically examines landmark rulings that elucidate the tension (and, indeed, the reconciliation) between cultural norms and constitutional mandates. The study highlights the importance of courts being aware, laws needing changes, and the public requiring information to lessen the gap between different moral views. It recommends a balanced approach that respects India’s varied culture while safeguarding individual rights and constitutional principles. The article ends with suggestions for encouraging discussion, enhancing understanding of the constitution, and ensuring modern legal changes to balance cultural customs and constitutional values. By carefully managing these conflicts, India can maintain its constitutional values without disregarding its diverse cultural background, promoting a fair and inclusive society.

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