Use of “Constitutional morality” to strike down laws very dangerous, hope it dies soon, says Venugopal

New Delhi, Dec 9: Attorney General KK Venugopal said that the use of constitutional morality can be dangerous and can lead to the Supreme Court becoming the third chamber of the Parliament.

“Use of constitutional morality can be very, very dangerous and we can’t be sure where it’ll lead us to. I hope constitutional morality dies. Otherwise, our first PM Pandit Jawaharlal Nehru’s fear that SC will become 3rd chamber (of Parliament) might come true,” he said.

Referring to the Sabarimala case, Venugopal said that it’s one thing for SC to deal with an individual, but here you’re dealing with a whole population.

 

“In Sabarimala case, dissenting judge said we can’t interfere with a matter of faith. But other 4 judges dealt with constitutional morality. It’s one thing for SC to deal with an individual, but here you’re dealing with a whole population,” he added.

Venugopal was speaking at the JB Dadanchanji Memorial Debate, organised by ILA Pasrich & Company in New Delhi.

“The Preamble of the Constitution says ‘we the people’. We gave to ourselves this Constitution. Are you going to treat the whole of the population as illiterate and not able to think for themselves? I say no. And therefore, for the court to believe that unless we interfere, the country is doomed, I say no, it can’t”, said Venugopal.

He also criticised the manner in which the apex court had interpreted Article 142 of the Constitution (Enforcement of decrees and orders of Supreme Court).

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