Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 10]

Jaising: this court has made a reference on ex communication in dawoodi bohra-they didn't decide since a reference was pending here. J Oka here refers to the doctrine of living trees.

even in private law, when the question was what is public policy-they used constitutional principles only.

Jaising: privacy is the ultimate sanctity of the individual. this might answer what is conscience-it is a part of right to privacy because you can't sit in judgment.

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