What is 'Constitutional Morality' and 'Transformative Constitutionalism'?

Constitutional Morality and Transformative Constitutionalism serve as judicial engines for social evolution in India.

Constitutional Morality prioritizes the spirit of the Constitution, anchored in liberty and equality, over majoritarian or traditional "public morality," ensuring that individual rights are protected against societal prejudice.

Complementing this, Transformative Constitutionalism views the Constitution as a dynamic tool intended to dismantle historical hierarchies and transform India into a truly egalitarian society.

However, they remain subjects of intense debate, with critics arguing that their inherent subjectivity allows judges to override established religious traditions and the literal text of the law.