Centre Questions Decriminalisation of Adultery and Homosexuality in Sabarimala Reference

The Central Government has criticized the Supreme Court’s reliance on "constitutional morality" to strike down laws, arguing it lacks a textual basis in the Constitution.

Solicitor General Tushar Mehta contended that this "vague" concept has been used to overreach judicial review.

The Centre argued that the judgments decriminalizing adultery and homosexuality erroneously replaced "societal morality" with this judicially evolved term. Mehta maintained that Article 25 and 26 limitations should stick to "public morality" as intended by the framers. 

He further warned that using abstract ideals to reform religious practices risks the judiciary assuming a legislative role.