A mural inside the Supreme Court of India complex. (Image: Supreme Court Website)
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...