Attorney General KK Venugopal said in his powerful speech that constitutional morality is a dangerous weapon for testing the validity of a law. But why according to the Attorney General is constitutional morality a dangerous weapon? Well, it can’t be ignored that the application of constitutional morality has been in conflict since the independence of our country. It has been in conflict right from the case of Narasu Appa Mali to Shayara Bano and others vs. Union of India (2018) to the recent Indian Young Lawyers Association vs. State of Kerala (2018). The Attorney General fears that if constitutional morality does not die then there is a huge possibility that the Supreme Court will become the third chamber of the Parliament. Something which Pandit Jawaharlal Nehru feared. 
CONSTITUTION MORALITY IS NOT WEAPON
According to Former Chief Justice of India Dipak Misra “the idea of tolerance, the idea of respecting other’s views, the idea of acceptance needs to be cultivated, unless that is not done we are violating Constitutional Morality and the Rule of Law”. In the case of Govt. of NCT of Delhi vs Union of India and Ors it was said that “every member of this country should adhere to the constitutional principles of this country.” Chief Justice of India Justice Ranjan Gogoi says that “patriotism in its truest form can only be brought by adherence to Constitutional Morality”.Senior Advocate Indira Jaising remarked that “Constitutional morality is opposed to the morality of the mob.” According to Senior Advocate KV Vishwanathan, “it is better to have a judiciary that confronts with the government than a one which is cozy with it. Constitutional morality is not vague; it is founded on the principles of the Constitution and should remain.”
According to the Solicitor General Tushar Mehta, “the main purpose of a law is to achieve social good.” According to him “social morality has to be constitutional”. “Morality of people cannot be divorced from constitutional morality”. According to the Additional Solicitor General Pinky Anand “Constitutional morality is the only way through which the principles of democracy can be brought to the people of India.”
CONSTITUTION MORALITY IS A WEAPON
While some say that there is a relationship between the Constitutional Conventions and Constitution, they are not the same as Constitutional Morality. However, the expressions of traditions and customs are Constitutional Conventions and in many cases are expressions of Constitutional Morality. In the matter of constitutional governance certain degree of tradition, customs must be followed. According to some customs of the people are out of courts reach. They feel that it is unfortunate that the courts have started interfering with people’s religious customs and traditions. The courts including the Supreme Court of India being atheist institutions are giving judgments on religious matters. They feel that the approval was never given by the Constitution to the state or the courts to change religious beliefs or customs. The constitutions of religion are completely different and every religion has their own systems. 
In 2015 a bench of Justice H L Dattu and Justice Amitava Roy held that “Court could not interfere in centuries-old issues and traditions needed to be discussed with community people”. Further in the case of “Preventing Cruelty against Animals ACT” legislature did not want to intervene in religious matters. In the case of Krishna Singh vs. Mathura Ahir case of 1980, Ahmedabad Women Action Group vs. Union of India and Maharshi Avadhesh vs. Union of India it was held that personal laws cannot be challenged on the grounds that it contravenes fundamental rights.
Now it can’t be ignored that the more court goes in depth in interpreting and understanding the contextual material of the Constitution the greater is the possibility that the judgment will reflect a dynamic and living Constitution which is able to provide transformative and creative solutions to the problems that need to be addressed. In my opinion, constitutional morality should triumph over societal morality. In the case of Navtej Singh Johar vs. Union of India constitutional morality was given more prominence to social morality and I personally feel that it was the right decision. A liberal and a democratic morality that ensures equality before law and freedom of expression should triumph over societal morality. If we undermine constitutional morality in favour of societal morality, it will lead to majoritarianism.
There is one thing that keeps the country together and that is constitutional morality. The Constitution guarantees us the right to freedom of religion, freedom of conscience and the right to profess, practice and propagate religion. But nowhere the Constitution tells us how to practice religion and whether to practice religion or not? Who is to define true devotion? The idea of true devotion or spirituality of one should not be imposed on others. Anyone can hold any viewpoint as long as he/she does not force it on others. The Constitution is the supreme law of the land. It is like Caesar’s wife. It cannot be touched. The Constitution always prevails.
-By Yash Dahiya
 Apoorva Mandhani, Constitutional Morality A Dangerous Weapon, It Will Die With Its Birth: KK Venugopal, Live Law (2018), https://www.livelaw.in/constitutional-morality-a-dangerous-weapon-it-will-die-with-its-birth-kk-venugopal/ (last visited on December 13, 2018).
 Individual cannot be bereft of constitutional morality: Former CJI Dipak Misra, The Economic Times (2018), https://economictimes.indiatimes.com/news/politics-and-nation/individual-cannot-be-bereft-of-constitutional-morality-former-cji-dipak-misra/articleshow/66089105.cms (last visited on December 13, 2018).
 Jimmy Jacob, At Chief Justice Farewell, A Note From His Successor On “True Patriotism”, NDTV (2018), https://www.ndtv.com/india-news/chief-justice-designate-ranjan-gogoi-says-true-patriotism-is-evaluating-beliefs-on-touchstone-of-con-1925111 (last visited on December 13, 2018).
 ‘Constitutional morality can be very dangerous’: Attorney General KK Venugopal fears SC may become third Parliament chamber, First post (2018), https://www.firstpost.com/india/constitutional-morality-can-be-very-very-dangerous-attorney-general-kk-venugopal-fears-sc-may-become-third-parliament-chamber-5698851.html (last visited on December 13, 2018).
 Shri Gopal Subramanium, Aprasanna Kumar (2016), “Constitutional Morality- Is it a Dilemma For The State, Courts, and Citizens?” http://www.aprasannakumar.org/pdf%20files/Constitutional-Morality.pdf (last visited on December 13, 2018).
 Courts setting Hindu religious norms is unconstitutional, Legally India (2016), https://www.legallyindia.com/views/entry/courts-setting-hindu-religious-norms-is-unconstitutional (last visited on December 13, 2018).
 Prabhash Dutta, Beyond Triple Talaq: How Judiciary has Dealt With Personal Laws Against Fundamental Rights, India Today (2017), https://www.indiatoday.in/india/story/triple-talaq-supreme-court-976439-2017-05-11 (last visited on December 13, 2018).
 Z. M. Yacoob, Societal Morality to Constitutional Morality, The Hindu (2016), https://www.thehindu.com/opinion/lead/societal-morality-to-constitutional-morality/article2758601.ece (last visited on December 13, 2018).
 Patralekha Chatterjee, “Why ‘constitutional morality’ is vital, and matters to us all”, The Asian Age (2018), http://www.asianage.com/opinion/oped/041018/why-constitutional-morality-is-vital-and-matters-to-us-all.html (last visited on December 13, 2018).
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