Constitutional Morality vs. Social Reality: A Critical Analysis of the Implementation Gap in India's Vision on Caste and Religion
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
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
Description
Dissertation submitted to National Law University and Judicial Academy, Assam in partial
fulfilment for award of the degree of
MASTER OF LAWS
Submitted by
Remiza Khatun
(SF0224042)
LLM (2024-2025)
Supervised by
Dr. Amol Deo Chavan
Associate Professor of Law