Title: Constitutional morality and its future in constitutional interpretation in India

Authors: Sakshi Parashar; Kriti Parashar

Addresses: Symbiosis Law School, Noida, Symbiosis International (Deemed University), Pune, Block A, 47/48, Sector-62, Noida-201301, UP, India ' CHRIST (Deemed to be University), Mariam Nagar, Meerut Road, Delhi NCR Ghaziabad – 201003, UP, India

Abstract: Constitutional morality has become one of the most discussed phrases amongst scholars, primarily owing to the reliance on it by the Constitutional Courts in several transformative judgments. However, the phrase's precise meaning remains garbled. The paper aims to trace the different connotations of constitutional morality, analysing the meaning ascribed to it by the drafters and jurists and to understand how this concept represents a facet of Constitutionalism by acting as the nemesis to majoritarianism. While exploring the role and future of this concept in fundamental rights interpretation, it is argued that the existing fundamental rights jurisprudence is sufficient to reconcile any conflict between majoritarianism and fundamental rights. Lastly, the paper contends that reliance on the concept of constitutional morality as an anti-majoritarian measure, in the absence of further enunciation by the Courts, risks being another instance of judicial overreach and has failed to find its ground in the recent judgments.

Keywords: constitutional morality; public morality; judicial review; fundamental rights; Indian Supreme Court; judicial overreach; separation of power; constitutional interpretation; enforcement of fundamental rights; India.

DOI: 10.1504/IJHRCS.2026.152889

International Journal of Human Rights and Constitutional Studies, 2026 Vol.13 No.2, pp.176 - 188

Received: 03 Jun 2024
Accepted: 19 Jun 2024
Published online: 14 Apr 2026 *

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