Discuss the role of the judiciary in navigating the tension between the right to religion and constitutional morality in India in light of relevant case laws.
Main Body
Constitutional morality are values that echo the principles of its such as secularism, democracy, welfare state etc. Role of judiciary: ① Ethical observer: Settled cases of unique consequence (e.g. Hari Damohan case by setting it by allocating law forbodes the labour Morgue as well) ② Social activist: In cases of social security involving religious practices, SC has defended liberal values in secular outreach ③ Shah Bano case confirming right to maintenance ④ Triple Talaq case → illegal because it offends women's dignity ⑤ In view of essential religious practices [Shivu Mutt case] walked tightrope between religious dignitism and judicial intervention ⑥ Bohra Dawoodi Muslims Female Genital Mutilation illegal ⑦ For advancing social interests ⑧ Nijab case KTaka → education to be paramount NowadaysJudiciary maybe guilty of Judicio papism: Arbitrariness in deepening religious doctrines Sabrimala case [Jus Muthajee dissent] ⑨ Highly creative interpretations inconvening general public ⑩ Liened Sabaoji case → right to renounce Therefore SC continue to play arbiters while advancing constitutional morality
— Rangamanju · AIR 1
Conclusion
28 words
Rangamanju
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Constitutional Morality
Judiciary's Role in Religion and Constitutional Morality
191
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analytical
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