LL.M Dissertation 2024 -25

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Constitutional Morality vs. Social Reality: A Critical Analysis of the Implementation Gap in India's Vision on Caste and Religion
(National Law University and Judicial Academy, Assam, 2025-06) Khatun, Remiza
The Indian Constitution envisions a society grounded in the ideals of equality, liberty, fraternity, and dignity, particularly as a response to the historic injustices of caste hierarchy and religious divisions. Yet, despite an elaborate legal framework and decades of jurisprudential evolution, the social reality remains starkly at odds with the constitutional vision. Caste-based discrimination, communal hatred, and socio-religious violence continue to manifest across rural and urban India, often with the silent complicity—or active encouragement—of institutions, political actors, and social groups.This persistent implementation gap between constitutional morality and social practice is not merely a legal or administrative failure; it reflects a deeper resistance within Indian society to the ethical transformation that the Constitution demands. While the judiciary has from time to time invoked constitutional morality to uphold individual rights and challenge oppressive norms, these interventions are often met with social backlash, political pushback, or ineffective enforcement