Supreme Court's Constitutional Morality Doctrine Under Challenge in Sabarimala Reference Case

Indian Express - Opinion · 23 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Centre and Travancore Devaswom Board argue against judicial review of religious practices using constitutional morality, potentially limiting courts' role in protecting minority rights under Articles 25-28.

Key points

Nine-judge bench of the Supreme Court is hearing arguments challenging judicial review of religious practices based on constitutional morality in the Sabarimala Reference case.

Centre's position argues courts should only examine religious practices codified into law, not those mandated by religious institutions without statutory backing.

Constitutional morality doctrine, used in landmark cases like Navtej Singh Johar and Vishakha, is being contested as a 'vague judicial invention' without textual basis in the Constitution.

Article 25 debate centers on whether 'morality' refers to societal morality (community standards) or constitutional morality (fundamental rights framework).

[GS2-Polity] This connects to Basic Structure Doctrine as it tests judicial review limits under Articles 25-28 governing religious freedom.

Travancore Devaswom Board supports Centre's view, arguing framers intentionally left 'morality' unqualified in Article 25 to defer to community standards.

Historical context: Ambedkar conceived constitutional morality as a safeguard against majoritarian imposition of hierarchical practices through democratic processes.

[GS1-Society] The case impacts gender justice as it affects pending cases on mosque entry for Muslim women, Parsi agiary access, and Dawoodi Bohra FGM practices.

Judicial activism tools like PILs and constitutional morality have enabled protections for bonded laborers (Bandhua Mukti Morcha) and undertrials (Hussainara Khatoon).

Way Forward: Clarify constitutional morality's scope through a constitutional amendment under Article 368, establish statutory guidelines for judicial review of religious practices, and strengthen the National Commission for Minorities' adjudicatory powers.

Key terms

Article 25

Guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health. UPSC relevance: The phrase 'subject to morality' is currently contested, with implications for balancing religious autonomy with fundamental rights under Articles 14-18 and 21.

Sabarimala Reference

A Supreme Court reference to determine whether religious denominations can claim exemption from anti-discrimination laws under Article 26. UPSC relevance: Tests the interplay between Articles 25-28 (religious freedoms) and Articles 14-18 (right to equality), with consequences for similar cases involving gender-based religious restrictions.

Societal Morality

The dominant ethical standards of a community at a given time, contrasted with constitutional morality. UPSC relevance: Raises questions about majoritarianism's compatibility with constitutional governance, particularly regarding minority rights and gender justice under Part III of the Constitution.

Constitutional Morality

A judicial doctrine where courts interpret laws and practices based on the Constitution's foundational values of justice, liberty, equality, and fraternity. UPSC relevance: Forms the basis for progressive judgments on gender justice (Navtej Singh Johar), religious rights (Sabarimala), and social reform, testing the limits of judicial review under Articles 13, 32, and 226.