Mehta: I have given the history of constitutional... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]

Mehta: I have given the history of constitutional morality.

last point,conscience would be more than religion or not- conscience would be wider than religion.

on judicial policy: the Court, in cases involving Articles 25 & 26, must first look at whether there is a religious practice and then test it on the grounds of public order, morality & other provisions of Part III. The Court can also examine whether the practice is restricted by any law made under Article 25 (2)(a)(b).

If it is not possible to decide the above-referred questions, i.e. (i) Whether it is a religious practice

(ii) Whether it affects public order, health or morality, or any other restriction merely based upon affidavits and arguments, the constitutional courts should not be a court of first instance, and the parties may be relegated to the remedy of civil suit, where not only expert witnesses can be examined, but also the evidence can be led.

many judgment cited arose out of civil suit and then mylords had the advantage of evidence.