Sr Adv Aravind Datar: I will stick to... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]

Sr Adv Aravind Datar: I will stick to constitutional morality. there are 4 reasons why it should not be interpreted as constitutional morality

1. what is the status of constituent assembly debates-it was used only thrice, one by Dr Ambedkar in the context of respecting constitutional conventions-founding fathers never contemplated morality as constitutional morality

2. what were the provisions on the date of the constitution-once the constitution came into force, a pre-constitutional law violative of part III would be unconstitutional but there were special provisions-article 25(2)(b). constitution recognises in the context of religion that there are customs and usages as a provision of law which might violate and be contrary but it has been saved them specifically.

3. what is the march of law subsequently

4. will it be a fluid concept

the kerala judgment, which is a rare case of articlw 226, they examined evidence, they cross examined tanthris, documents. then they come to a finding that on the basis of evidence women are not allowed in a particular period. its a myth that they are not allowed at all-only three times in a year they are not allowed. in the first five days they can go.

J Kumar: where do you get this?

J Nagarathna: which temple is this?

Datar: Sabarimala