Something which is socially unacceptable, immoral and a taboo cannot be justified under the touchstone of Constitutional morality, said Solicitor General of India Tushar Mehta here on Saturday.
Speaking at the silver jubilee endowment lecture on ‘Judicial law making – a boon or bane’ at the SDM Law College, Mr. Mehta said in his view, constitutional morality could never be divorced from social morality. Constitutional morality can never be different from societal morality, he added.
While emphasising that his views were personal and not related to the client (government) he was associated with, Mr. Mehta said the judiciary presently was sitting on appeal on one’s ethos and beliefs. The actions namely barring entry of persons to a particular place are based on practices and ethos. These actions are being prohibited as they do not pass constitutional morality as defined by judges. “The intention of the judiciary might be bonafide, but the question is whether this can be permitted under the Constitution,” he said.
Asking the upcoming lawyers to give serious thought on present law making, Mr. Mehta said they need to introspect on whether one’s morality and permissiable behaviour can be guided by the view of a court. The views of the court were moreover based on jurisprudence evolving in America, England and other European countries. Mr. Mehta said practices which were permissible in social fabric of US were taboo in our country.
“You have to raise questions and find answers and convey those answers in the discharge of your duties as advocates,’ he said.
Earlier, Dharmadhikari of Srikshetra Dharmasthala D. Veerendra Heggade felicitated Mr. Mehta.
Additional Solicitor General K.M. Nataraj attended the function.