SC hearing on Sabarimala women entry: ‘Constitutional morality’ can’t be a ground to exercise judicial review: Solicitor General

April 8, 2026

New Delhi: The Centre on Wednesday told the Supreme Court that the two landmark judgements on decriminalising adultery and same-sex consensual relationships were based on the subjective application of “constitutional morality” and should be declared as “not a good law”.

Hearing Before Constitution Bench

The submission was made during the hearing by a nine-judge Constitution bench headed by Chief Justice of India Surya Kant on the petitions related to discrimination against women at religious places, including the Sabarimala temple in Kerala, and on the ambit and scope of religious freedom practised by multiple faiths.

Key Question on Scope of ‘Morality’

The top court has framed seven questions on the scope of religious freedom. One of the questions was as to what is the scope and extent of the word ‘morality’ under Articles 25 and 26 of the Constitution, and whether it is meant to include Constitutional morality?”

Centre’s Stand on Constitutional Morality

Advancing arguments on the second day, Solicitor General Tushar Mehta, appearing for the Centre, submitted that the concept of constitutional morality is a sentiment and it is not a doctrine upon which a legislation can be tested.