In Shayara Bano v. Union of India (2017), the Supreme Court applied Constitutional Morality to hold that constitutional values of gender equality override discriminatory religious customs, illustrating that ______ morality prevails over social morality in matters affecting fundamental rights.

Answer: Constitutional

Shayara Bano (2017) Constitutional Morality overrides social morality: (a) Context: Challenge to instant triple talaq (talaq-e-biddat) practice in Muslim personal law, (b) Supreme Court holding (3:2 majority): (i) Applied Constitutional Morality: Constitutional values (gender equality, dignity) override social morality (majoritarian views, discriminatory customs), (ii) Instant triple talaq unconstitutional: Violates Article 14 (arbitrary, manifestly unreasonable), gender equality under Fundamental Rights, (iii) Not essential practice of Islam protected under Article 25; religious freedom subject to Fundamental Rights scrutiny, (c) Applications: (i) Legislative follow-up: Muslim Women (Protection of Rights on Marriage) Act, 2019 criminalized instant triple talaq, (ii) Broader principle: Personal laws subject to Fundamental Rights scrutiny; religious freedom (Article 25) balanced with gender equality (Articles 14, 15), (iii) Comparative cases: Joseph Shine (2018) struck down adultery law (Section 497 IPC) as violating gender equality, dignity, autonomy, (d) Rationale: (i) Constitutional supremacy: Constitution protects minorities and individuals against majoritarian impulses; democratic legitimacy requires respecting constitutional limits, not just popular will, (ii) Transformative constitutionalism: Using Constitution as tool for social justice, not merely reflecting existing social norms, (iii) Rights protection: Constitutional values (dignity, equality, liberty) provide normative framework for protecting marginalized groups, (e) Challenges: (i) Implementation: Awareness among Muslim women about legal rights, access to justice, (ii) Social change: Legal reform requires accompanying social education, community engagement, (iii) Balance: Respect for religious diversity while protecting individual rights, especially of marginalized within communities, (f) Illustrates transformative constitutionalism: Constitutional Morality as tool for advancing substantive equality; courts protect constitutional values against majoritarian impulses to realize transformative vision of dignity, justice for all.