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Is ‘Constitutional Morality’ A Dangerous Doctrine?
What does constitutional morality really mean? Is it a dangerous weapon in the hands of unelected judges, asks Abhinav Chandrachud
19 Dec 2019, 05:46 PM IST
Indian constitutional law is no stranger to judge-made tests. The ‘basic structure’ doctrine, the ‘classification test’, the new ‘manifest arbitrariness’ test – these are all judicially crafted inventions that find no express mention in the constitution. The doctrine of constitutional morality is a relatively recent addition to this list. It came in for heavy criticism after the Supreme Court’s Sabarimala judgment and the Attorney Ge...
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