On the Sabarimala temple entry case, Pg10

Key Highlights:

• A nine-judge Constitution Bench of the Supreme Court is reviewing petitions about discrimination against women in religious places.
• The review includes examining the constitutional implications of the 2018 Sabarimala Temple ruling.
• The 2018 ruling struck down the age-based restriction on women's entry, deeming it unconstitutional.
• The Union government argues that "constitutional morality" is subjective and that the judiciary is not equipped to determine Essential Religious Practices (ERPs).

Detailed Insights:

• Articles 25-28 of the Constitution guarantee religious freedom, with the Sabarimala case highlighting the balance between Articles 25 (individual freedom of religion) and 26 (denominational rights).
• The Essential Religious Practices (ERP) doctrine, stemming from the Shirur Mutt case (1954), distinguishes between essential religious practices and secular activities, allowing state regulation of the latter.
• The Union government contends that the 2018 ruling failed to consider the internal plurality of Indian religions and that religious restrictions are not always based on gender stereotypes.
• The debate centers on the Constitution's distinction between protected religious practices and those subject to reform, with Article 25(2) allowing the state to regulate secular activities associated with religion.
• The framers of the Constitution intended to vest the power of reform in the State, while the judiciary retains the power to intervene in practices that offend public order, morality, or health.
• Article 26 grants religious denominations autonomy in managing religious affairs, leading to debates on the definition and applicability of "denomination" status, particularly within Hinduism.
• The phrase "any section thereof" in Article 26(1) allows for sections of a larger faith to enjoy denominational rights, even if not completely distinct.

Key Concepts Involved:

• Essential Religious Practice (ERP): A practice considered integral to a religion, without which the religion's fundamental nature would be altered.
• Religious Denomination: A religious group with a common faith, organization, and distinct name, enjoying special rights under Article 26.
• Constitutional Morality: The adherence to constitutional principles and values, often invoked in cases involving conflicts between rights and social norms.