Centre Asks SC To Declare Its 2018 Adultery Decriminalisation Verdict 'Not Good Law'

Last Updated:April 07, 2026, 23:09 IST

The government argued that while it does not challenge the striking down of Section 497 of the IPC as unconstitutional, but challenges the reasoning used by the court.

The Centre has asked the Supreme Court to declare its 2018 ruling decriminalising adultery in the Joseph Shine v. Union of India case as “not good law," questioning the legal reasoning adopted in the landmark judgment.

The government argued that while it does not challenge the striking down of Section 497 of the IPC as unconstitutional, but challenges the reasoning used by the court, particularly its reliance on “constitutional morality."

According to a report by NDTV, the government, in written submissions filed during the ongoing Sabarimala case proceedings, contended that the Supreme Court’s approach relied too heavily on subjective interpretations of constitutional morality, which it called a “judicially evolved, vague, and indeterminate concept."

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The government argued that courts should not base binding law on selective academic writings, foreign judgments, or personal views.

Section 497 of the IPC had criminalised adultery, making it an offence for a man to engage in sexual relations with a married woman without her husband’s consent. The 2018 Joseph Shine verdict struck down this provision, ruling it discriminatory and unconstitutional. Now, the Centre’s plea does not seek to revive Section 497 but challenges the broader principles laid down in the judgment.

The government criticised the judgment for contrasting “constitutional morality" with “societal morality," arguing that the former was treated as a standalone test for judicial review, which it claimed undermines the doctrine of separation of powers.

It also expressed concern over courts referencing foreign law and academic opinions to frame domestic legal principles.

The Centre’s submissions come amid broader debates over the scope of judicial review, the meaning of morality under Articles 25 and 26, and whether evolving moral philosophies should influence court decisions.

“Constitutional morality is a judicially evolved expression, the contours of which have remained uncertain, shifting from case to case according to the values emphasised in a particular context. At best, it makes it an aspirational interpretive ideal," the Centre noted.

News india Centre Asks SC To Declare Its 2018 Adultery Decriminalisation Verdict 'Not Good Law'

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