Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 10]
Jaising: we are not asking constitutional morality to go beyond the confines of constitution. india has no separate courts to deal with issues of religion. we may have in Pakistan or Bangladesh. in this situation you can't shut down the disputes brought in by people
Jaising: constitutional morality narrows down the vagueness. in very judgment, the court has said we draw powers from the preamble, FRs and DPSP. in the best of my knowledge, no law has been struck down on constitutional morality.
Jaising: there is no norm higher than the constitution. everything else has to be judged in the juxtaposition of the gurudnorm. otherside said no judicial review but moral conscience of the court is redeemed by judicial review.
Jaising: this court has overuled AK Gopalan jurisprudence and said rights don't function in silos. this court has used concept of manifest arbitrariness to meet the challenges. constitutional document is written for the courts to elucidate the contents.
Jaising: our constitutional has a moral conscience. in a society structured on wealth and power, theology is a continued search. refers to a judgment- in a public lecture, J Gavai said this judgment reflects institutional failure and this inspired a journalism and he want to the woman who said my companion for 50 years has been humilitation. when told about pension and welfare scheme, she said she doesn't know how to use.
new form of inequalities are emerging for instance digital inequalities.
Jaising: how to read the constitution-reads her written submissions
Jaising: i want to make a correction-both petitioners belong to the hindu community.
Jaising: they are telling you that leave it to the society-who is the society- the government of india! the argument is parliament is the will of the people
Jaising: doctrine of hurt operates but it must be legal injury. show me a legal injury and I will not go
J Sundresh: this will lead to dangerous consequences. each one go and say I don't want it in a particular way, it will be a disaster.
J Nagarathna: it will be annihilating religion, which we don't want to be a part of. matters of religion, the court can't be a subject matter of debate
Jaising: can anybody's practice which causes me harm, will that not be?
J Nagarathna: entry is banned for 10 and 50, it is a part of religion
Jaising: they have to show be a theological test that thisi is custom
Jaising: we are discussing the width and breath of article 25(1)-i am claiming a right, irrespective of whether I am a believer or not- i have to go with sharda.
J Amanullah: is it reverance if you are upsetting the people there?