SG Tushar Mehta Questions 'Constitutional Morality' and 'Transformative Constitutionalism'

In the Sabarimala reference hearing, Solicitor General Tushar Mehta argued that "constitutional morality" is an uncertain and subjective standard that should not be used to review religious practices under Article 25.

He contended that the framers intended "morality" to reflect societal standards, rather than a judicial doctrine that varies between benches. Mehta also questioned "transformative constitutionalism," calling it a vague concept that risks overstepping judicial bounds.

While Justice BV Nagarathna acknowledged the subjectivity of these terms, she noted that morality is dynamic.

The hearing continues to deliberate whether judicial review can override long-standing religious traditions based on these evolving constitutional principles.