Constitutional Morality vs. Popular Morality
A key conceptual debate in Indian constitutional law is between constitutional morality (adherence to constitutional values like equality) and popular morality (prevailing social norms).
- The concept was developed by Dr B.R. Ambedkar, who argued the Constitution must override prevailing social morality when the two conflict
- CJI Dipak Misra's 2018 majority opinion in Sabarimala invoked constitutional morality to strike down the temple ban
- Critics argued the court was imposing constitutional morality against the genuine religious beliefs of lakhs of devotees
- The nine-judge bench must balance: right of devotees to practice religion vs. right of women to equality and dignity
- Similar questions arise in: triple talaq, female genital mutilation, temple entry for Dalits
● Tracked since April 07, 2026 · last seen May 13, 2026 · updates as the daily brief publishes
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