Constitutional morality must prevail over popular religious morality in a transformative democracy. Critically examine in the context of judicial review of religious practices in I

India's Constitution was designed to transform society — not merely reflect it. Yet judicial review of religious practices reveals the limits of constitutional morality as a standalone instrument of reform.

Constitutional Morality's Primacy

• Articles 14, 15, 21 cannot be subordinated to religious custom → equality and dignity are non-negotiable
• Ambedkar: "Constitutional morality is not a natural sentiment — it has to be cultivated"
• Transformative constitutionalism demands counter-majoritarian intervention → temple entry, untouchability abolition were all imposed against popular morality
• Navtej Singh Johar (2018): Constitutional morality must prevail over social morality

Where Judicial Review Faces Limits

• Supreme Court (2026) Sabarimala review: "Courts cannot herald reform in religion"
• Essential Religious Practice test → judges determining theological essentiality = institutional overreach risk
• Justice Nagarathna: Reform must not intrude into doctrinal matters → balance required
• Dawoodi Bohra FGM + mosque entry cases → judicial directions without social consensus produce backlash, not reform

Verdict Constitutional morality must prevail — but courts alone cannot deliver religious reform. Judicial intervention sets the floor; social transformation must build the structure above it.

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