Judiciary's Dilemma: Balancing Faith and Constitutional Morality in India

In a recent address, former Chief Justice of the Delhi High Court, Justice A P Shah, voiced concerns over the Indian judiciary's drift towards majoritarian views. Speaking at Vision-2031, he expressed that such shifts compromise the promise of impartiality and erode minority confidence.

Justice Shah cited the 2019 Ayodhya judgment as emblematic of this trend, where the court, despite acknowledging legal violations, prioritized majority faith over minority rights. He also highlighted ongoing controversies surrounding historical site surveys challenging the Places of Worship Act, 1991, warning of potential societal flashpoints.

Justice Shah emphasized the judiciary's role in upholding constitutional values over dominant religious sentiments, as reflected in cases like the hijab and Sabarimala verdicts. He criticized instances of judiciary-led religious events, suggesting they blur lines between state and religion.