GS 2: PolityGS 1: Indian SocietyPrelims

Sabarimala: 9-judge bench to hear pleas from April 7, Pg10

Supreme Court's nine-judge bench to re-examine Sabarimala case from April 7, focusing on constitutional questions regarding religious practices and rights.

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Key Highlights:

  • A nine-judge bench, presided over by Chief Justice of India Surya Kant, will hear petitions related to the Sabarimala temple entry issue starting April 7.
  • The Supreme Court's 2018 judgment lifted age restrictions on women entering the Sabarimala temple in Kerala.
  • In 2019, a 3:2 ruling referred the review petitions to a larger bench for detailed examination.
  • In January 2020, a nine-judge bench was constituted, which held that the review petitions are maintainable in February 2020.

Detailed Insights:

  • The core issue revolves around the conflict between religious freedom and gender equality concerning the entry of women into the Sabarimala temple.
  • The initial 2018 Supreme Court verdict struck down Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, deeming it unconstitutional for excluding women based on custom.
  • The subsequent review petitions raised concerns about the potential impact on other religions, necessitating a more comprehensive examination by a larger bench.
  • The nine-judge bench will address seven key questions, including the scope of Article 25 (freedom of religion) and Article 26 (rights of religious denominations) of the Constitution of India.
  • These questions also delve into the definition of 'morality' within the context of religious practices and the extent of judicial review in such matters.

Key Concepts Involved:

  • Article 25: Guarantees the freedom of conscience and free profession, practice, and propagation of religion to all citizens.
  • Article 26: Grants religious denominations the right to manage their own affairs in matters of religion.
  • Constitutional Morality: Adherence to constitutional principles and values, often invoked in matters of individual rights versus societal norms.
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