The challenge of Constitutional Morality before the Supreme Court

[dropcap]T[/dropcap]HE historic Sabarimala judgment (2018), in which it was held that the exclusionary practice of debarring women of the menstruating-age group from entering the temple of Lord Ayyapa for darshan was unconstitutional, attracted both, euphoria and discontent. Of euphoria and jubilation, there were obvious reasons: women were liberated from an age-old discriminatory custom. 

Following the judgment, scores of review petitions were filed against it. The block, which had discontent, argued that, as the Supreme Court is not an ecclesiastical body, therefore, it should not have adjudicated on matter pertaining to their belief and faith. 

Given this, the Supreme Court, in its order on the review petitions in the Kantaru Rajeevaru v Indian Young Lawyers Association framed seven issues which were to be decided by a larger bench before the review of Sabarimala judgment (2018) could be decided on merits. 

In the above backdrop, presently, a nine-judge Constitution bench of the Supreme Court headed by Chief Justice S A Bobde is seized of the matter which involves the determination of the seven issues framed by it which pertains to religious freedom in India vis-à-vis individual rights and group rights. Moreover, the Supreme Court is tasked to come up with a uniform and standard judicial policy and precedent with which matter specifically related to religious freedom vis-a-vis individual freedom could be adjudicated in the coming years.

The issue of Constitutional Morality

One of the issues among those seven, which would be taken up is: What the expression "morality" or "constitutional morality" means in the context of Articles 25 and 26 of the Constitution of India.