JB Dadachanji Memorial Debate
Topic: “Ideas like Constitutional Morality are subjective and widen scope for judicial discretion, delay and uncertainty in law"
For the Motion: SG Tushar Mehta, Sr. Adv. Salman Khrushid
Against the motion: ASG Pinky Anand, Sr. Adv. KV Viswanathan
Topic: “Ideas like Constitutional Morality are subjective and widen scope for judicial discretion, delay and uncertainty in law"
For the Motion: SG Tushar Mehta, Sr. Adv. Salman Khrushid
Against the motion: ASG Pinky Anand, Sr. Adv. KV Viswanathan
Event hosted by ILA Pasrich & Company.
In attendance are Supreme Court judge, Madan B Lokur J., Sr. Advocates Fali Nariman, @IJaising.
In attendance are Supreme Court judge, Madan B Lokur J., Sr. Advocates Fali Nariman, @IJaising.
Attorney General for India KK Venugopal will deliver Keynote Address on the topic 'Is Constitutional Morality’ a further tool in the armoury of the Supreme Court for expanding judicial review?'
Managing Partner of ILA Pasrich, Amir Singh Pasrich delivering the Welcome address.
Amir Singh Pasrich speaks about how CJI Dipak Misra's recent judgments - NCT of Delhi v. UoI, Sabarimala, Section 377 - have brought Constitutional Morality back in limelight.
JB Dadachanji was a fine gentleman with no malice to anybody, pleasure and honour for me to be here today, Justice Madan B Lokur.
'I wont speak on Constitutional morality since it might be pre-mature but I will speak on judicial review' Madan Lokur J.
What does the citizen do when Parliament does not legislate or Executive does not implement law, Justice Madan B Lokur.
We are not used to the kind of protests that we see in West like what is happening now in Paris.
When Parliament does not legislate or Executive does not implement laws, citizens have no option but to come to court through Public Interest Litigation, Madan B Lokur J.
When Parliament does not legislate or Executive does not implement laws, citizens have no option but to come to court through Public Interest Litigation, Madan B Lokur J.
Justice Madan B Lokur citing examples wherein laws are not implemented or statutory authotities don't exist at all.
In Sri Lanka, the Court has restrained Prime Minister from going to office.
Imagine if the judiciary in India does that, Madan B Lokur J. evoking laughs from the crowd.
Goes on to cite examples from other parts of the world on judicial activism.
Imagine if the judiciary in India does that, Madan B Lokur J. evoking laughs from the crowd.
Goes on to cite examples from other parts of the world on judicial activism.
I believe we are comparatively far more restrained than many other jurisdictions, Madan B Lokur J. on judicial activism.
Attorney General KK Venugopal takes the dias.
"Have great respect for Madan B Lokur J. I believe he has done most for the people of this country through PILs than any other judge.
Of course I have been at the receving end many times while defending the govt", AG KK Venugopal.
"Have great respect for Madan B Lokur J. I believe he has done most for the people of this country through PILs than any other judge.
Of course I have been at the receving end many times while defending the govt", AG KK Venugopal.
From the very beginning, there has been conflict between Executive and Judiciary in India, AG KK Venugopal.
AG Venugopal tracing the conflict between Supreme Court and Centre during the era of land reform legislations leading to Constitutional amendment.
Things came to a head with Kesavananda Bharati when Court laid down Basic Structure, AG KK Venugopal.
I am saying all this because I fear this new concept of "Constitutional morality" may now be used [by judiciary] for testing laws, Attorney General KK Venugopal.
For the court to believe that unless it interferes, the country is doomed is not correct, AG KK Venugopal.
AG KK Venugopal says people of this country should not be underestimated.
Article 142 has nothing to do with overriding the laws made by Parliament; But if the Supreme Court tries to assert legislative powers, it would not be supremacy of the Constitution but supremacy of Supreme Court, Attorney General KK Venugopal.
Supreme Court through "Constitutional morality" is bringing in a new tool to test laws, AG KK Venugopal.
The Courts will keep discovering new basis and new aspects of this and this is what I fear.
As AG, I feel is really wrong to use this. Basic Structure was evolved, Article 142 was widened and now this.
Dont know where it will take us and that is what I really fear, AG Venugopal
As AG, I feel is really wrong to use this. Basic Structure was evolved, Article 142 was widened and now this.
Dont know where it will take us and that is what I really fear, AG Venugopal
AG KK Venugopal referring to use of Constitutional morality in #Sabarimala judgment.
"Should be very very careful while interfering in religious beliefs", says KK Venugopal.
"Should be very very careful while interfering in religious beliefs", says KK Venugopal.
Use of Constitutional morality can be very very dangerous and we cant be sure where it will lead us.
I hope Constitutional morality dies soon, Attorney General KK Venugopal
I hope Constitutional morality dies soon, Attorney General KK Venugopal
Otherwise, our first Prime Minister Pandit Nehru's fear that Supreme Court will become the third chamber might come true, Attorney General KK Venugopal concludes.
Debate begins
Topic: "Ideas like Constitutional Morality are subjective and widen the scope for judicial discretion, delay and uncertainty in the law.”
First speaker - Solicitor General Tushar Mehta.
Topic: "Ideas like Constitutional Morality are subjective and widen the scope for judicial discretion, delay and uncertainty in the law.”
First speaker - Solicitor General Tushar Mehta.
Sudden debate has cropped up on Constitutional Morality, SG Tushar Mehta.
Supreme Court held in 2011 that Right to Sleep is a fundamental right.
Now Supreme Court has held that Right to Sleep with anyone is a fundamental right, SG Tushar Mehta.
Now Supreme Court has held that Right to Sleep with anyone is a fundamental right, SG Tushar Mehta.
Law is a means to achieve social good, it is for betterment of society, SG Tushar Mehta.
The Constitution is a document which makes the people of India sovereign, SG Tushar Mehta.
Constitutional morality as a concept as envisaged by Dr. Ambedkar was used by the Supreme Court in the Kesavananda Bharati case, SG Tushar Mehta.
The problem started when Constitutional morality started to be used interchangeably with social morality; what is socially moral has to be constitutional, SG Tushar Mehta
There are several realms where the Legislature, having jurisdiction, has chosen not to enter in all its wisdom, SG Tushar Mehta
Morality of the people cannot be divorced from Constitutional morality. We the people have given the Constitution to ourselves, SG Tushar Mehta
Law making is the domain of the Legislature and on their failure, Judiciary can step in till the Legislature either ratifies or rejects the Judicial decision, SG Tushar Mehta concludes
Second Speaker - ASG Pinky Anand speaking against the motion
Principles of democracy can be brought to the people of the country only through Constitutional morality; and Constitutional morality is not the same as social morality, ASG Anand
ASG Anand cites the example of the #Sabarimala case highlighting the two points to be considered in the case - Right to practice religion and the Rights of the women
ASG Anand differentiates between social and Constitutional morality with the example of the #Section377 judgment.
Triple Talaq judgment is the hallmark of equality, ASG Anand
Put all these judgments together and you get what is Constitutional morality. Scope of judicial review under Article 142 is a different chapter, ASG Anand concludes
Third Speaker - Senior Advocate Salman Khurshid speaking For the motion
The Constitution is a seamless wear of things that are woven together that give us our life. It consists of all things like equality, affirmative action and right to religion. All things that are fundamental to govern our lives - Khurshid
Constitutional morality is not by any means social or ideological morality. There may be an argument that our Constitution is a socialist one. India is a socialist country not in the manner in which Soviet Union was but in the sense of a mixed economy - Khurshid
It is not the job of the Judges to go by popular opinion. Taking an opinion poll and legislating is the job of the Legislature. Judges must intervene but must look at what is institutional morality - Khurshid
We as Indians believe life is sacrosanct which is clear from Article 21. Then why do we hang people?
Because Supreme Court says that in rarest of rare cases, a person can be hanged. - @salman7khurshid concludes
Because Supreme Court says that in rarest of rare cases, a person can be hanged. - @salman7khurshid concludes
Fourth Speaker - Senior Advocate KV Vishwanathan speaking Against the motion
It is better to have a Judiciary that confronts the Executive than to have a Judiciary that is cozy with the Executive. Thank God for a confrontational Judiciary - KV Vishwanathan
It is to answer the concept of social morality that Constitutional morality was brought in - KV Vishwanathan
Constitutional morality is not vague, it is grounded and founded on the principles of the Constitution. - KV Vishwanathan
There are traditions like child sacrifice in remote villages of India, for matters as ordinary as rain. Should this not be tested on the anvil of Constitutional morality - KV Vishwanathan
Citing the example of Adultery judgment, KV Vishwanathan says that the Court held that the old law was in line with Victorian morality but we are concerned with Constitutional morality - KV Vishwanathan
Constitutional morality is here to stay - KV Vishwanathan concludes
Senior Advocate Indira Jaising (@IJaising) makes concluding remarks.
Constitutional morality is opposed to the morality of a mob. - Indira Jaising
Governments not honouring the decisions of the Court is a violation of Constitutional morality. Why is the Supreme Court judgment in #Sabarimala not enforced in Kerala? - Indira Jaising
While the above remark was in lighter vein, Tushar Mehta clarified that these issues are decided by very learned and brilliant judges in good faith and in the interest of the nation. But under the Constitution, this field is in the domain of legislature.
