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Sabarimala: 9-judge bench to hear pleas from April 7
Earlier, the state’s ruling Left Democratic Front government had supported the decision of the five-judge bench lifting the age restrictions.
The bench will commence hearing in the matter from April 7.
THE SUPREME Court has notified a nine-judge bench to hear constitutional questions arising from petitions seeking a review of its 2018 judgment lifting age restrictions on the entry of women into the Sabarimala temple in Kerala.
Chief Justice of India Surya Kant will preside over the bench, which will include Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi. The bench will commence hearing in the matter from April 7.
On September 28, 2018, a five-judge bench of the Supreme Court, by a 4:1 majority, lifted the age restriction on women visitors and struck down as unconstitutional Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, which allowed the exclusion of women on the grounds of custom.
However, on November 14, 2019, the top court, while considering review petitions in the matter, said in a 3:2 ruling that the September 2018 decision may impinge on the affairs of other religions as well and would require a more detailed examination. It therefore decided to keep the review petitions pending till a larger bench took a call.
Subsequently in January 2020, the SC constituted a nine-judge bench presided by then CJI S A Bobde. On February 10, 2020, the nine-judge bench held that the review petitions are maintainable.
It also framed 7 questions for consideration:
- What is the scope and ambit of the right to freedom of religion under Article 25 of the Constitution of India?
- What is the interplay between the rights of persons under Article 25 of the Constitution and the rights of religious denominations under Article 26?
- Whether the rights of a religious denomination under Article 26 of the Constitution are subject to other provisions of Part III of the Constitution, apart from public order, morality and health?
- What is the scope and extent of the word ‘morality’ under Articles 25 and 26 of the Constitution, and whether it is meant to include constitutional morality?
- What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution?
- What is the meaning of the expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution?
- Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?
Earlier, the state’s ruling Left Democratic Front government had supported the decision of the five-judge bench lifting the age restrictions.
© The Indian Express Pvt Ltd
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