Page 122 - Constitution

70 Years of Indian Years of Indian

Constitution
Constitution

In its path breaking judgment in M. Siddiq
its activist approach, the Court has not hesitated to step in
and strike down certain provisions of the Indian Penal Code v. Mahant Suresh Das”, better known as the
(criminalizing homosexuality and aultery) as being violative of Ayodhya case, the Supreme Court put to

Articles 10 (1984) 3 SCC 161 "(1984)2 SCC 244 12 (1997) 6 rest a centuries old dispute, recognising
SCC 241 13 (2017) 9 SCC1 14, 15, 19 and 21, in Navtej Singh the right of the deity of Lord Ram over the
Johar v. Union of Indi ł4 and Joseph Shine v. Union of India's. property believed to be the birthplace.
Its judgment in Indian Young Lawyers Association v. State
of Kerala”, allowing young women to enter the Sabarimala
of different communities in order to do complete justice.
temple, led to filing of a review petition wherein certain questions
As the sentinel on the qui vive and as the guardian of the
of law pertaining to the scope of judicial review and the right
Constitution, the Supreme Court has constantly strived to
to religion under Articles 25 and 26 have been referred to a
protect fundamental rights against unreasonable fetters
nine judge bench for its consideration. The outcome thereof
imposed on them by the Legislature and the Executive alike
may perhaps finally put to rest the debate on the scope of the
and also in safeguarding the basic fabric of the Constitution
court's interference in religious matters.
from amendments which seek to erode the core and essential
In its path breaking judgment in M. Siddiq v. Mahant Suresh
values of our Constitution. In the process, the Supreme Court
Das”, better known as the Ayodhya case, the Supreme Court
has also by way of judicial interpretation, made the Constitution
put to rest a centuries old dispute, recognising the right of
broad-based and put life into the dry bones of a Constitution so
the deity of Lord Ram over the property believed to be the
as to make it a vehicle of a nation's progress.
birthplace. In doing so, the Court balanced the religious rights

Mohan Parasaran is a Senior Advocate at the Supreme Court of India.
In February 2013 he was appointed the Solicitor General of India and

continued in this post till May 2014. Previously he held the post of
Additional Solicitor General of India for nine years.

122 70 Years of Indian Constitution