Sabarimala Reference Highlights: A Hindu is a Hindu, can go to any temple, says Justice Nagarathna

Senior advocate Neeraj Kishan Kaul cites Shashi Tharoor's article published in The Indian Express titled 'In LDF’s Sabarimala U-turn, a lesson for religious reform'.

Sabarimala Reference Case Supreme CourtCentre had earlier argued that the Sabarimala 2018 judgment proceeds on an assumption that men are superior and women occupy a lower pedestal. (File photo)

Sabarimala Reference Hearing in Supreme Court Today Updates: The Supreme Court cautioned on sharing information from “WhatsApp university” when senior advocate Neeraj Kishan Kaul cited the words of politician Shashi Tharoor from an article published in The Indian Express-“When the gavel falls on matters of deep-seated belief, it must do so with an awareness of the limitations of legal logic.”

Justice Nagarathna responded with this caution when Kaul contended that there is never any harm in all humility.

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“If knowledge and wisdom come from any source, any country, any university, it should be welcome,” he added. 

The Chief Justice of India then further added that the court respects all eminent persons, but personal opinions are personal opinions.

This was day 8 of the hearing in the apex court. The case concerns the discrimination against women in religious places, including the Sabarimala temple, and the scope of religious freedom under the Constitution. 

On Day 7 of the hearing, the Supreme Court said that Hindus must unite and unify, observing that temples cannot exclude others on denominational lines and that such exclusion would ultimately weaken the denomination itself.

Justice Nagarathna responded to senior advocate Dwivedi, who argued that a religious denomination is a closed and disciplined group protected under Article 26. 

The apex court also said that, as far as social welfare and social reform are concerned, it is a very wide term. The apex court further added that the state is not a stranger and not an alien.

“The state represents the will of the people, and if the people want a certain social evil to be reformed, that power can be exercised,” the Chief Justice of India added. 

Nine-judge bench: 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.

Questions for consideration: There are seven questions for consideration before the court:

  1. What is the scope and ambit of the right to freedom of religion under Article 25 of the Constitution of India?
  2. What is the interplay between the rights of persons under Article 25 of the Constitution and the rights of religious denominations under Article 26?
  3. 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?
  4. 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?
  5. What is the scope and extent of judicial review of a religious practice under Article 25 of the Constitution?
  6. What is the meaning of the expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution?
  7. 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?

What happened in the last hearing?

In the last hearing so far, the arguments have been concluded on behalf of the Centre, temple devotee organisations and the Travancore Devaswom Board. 

Justice Nagarathna, previously, also talked about the genesis of the dispute and pointed out that Justice Nagarathna: Atheists do not believe in the existence of God, and agnostics believe in the higher strength of what you say, a higher kind of form, or something.

The submission from senior advocates Gopal Sankaranarayanan and  J Sai Deepak was concluded on April 21, and both the counsels put forward various questions supporting their plea, and the bench heard the same and intervened where required.

The pleas were centred around analysing the relationship between Article 25 (2) and 26, and the meaning of a denominational institution.

Live Updates
Apr 23, 2026 05:21 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Court rises

Hearing concludes for the day.

Apr 23, 2026 05:20 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Shamshad concluded submission

Senior advocate Shamshad has concluded the submission.

Apr 23, 2026 05:17 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Essential religious practice is problematic

Shamshad: Your Lordship may see I have some additional reasons with perspective. To say that ERP, essential religious practice, is problematic.

Apr 23, 2026 05:14 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Justice Amanullah on muslim women's position

Justice Amanullah: There is a reason also. The reason was that if everybody goes from the house who looks after their children from the house, preferably because she takes care, and all the reward she gets…if she gets the time, if she has the capacity, she can also go, but then the difference comes, whether she will stand at first. These are all managed by tradition, right from the Prophet's time himself.

Apr 23, 2026 05:06 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Saying of Prophet Mohammad

Shamshad: Prophet Mohammad himself said that don’t stop women from coming to the mosque, so there is clarity on this. And many of those who recorded the Hadith, which are in many volumes, were written by many authors. They have recorded this narration. This is authentic that Phophet instructed that don’t stop women from coming to the mosque, but at the same time, there is consensus amongst all religious denominations amongst the Muslims that it is not essential for women to be part of the congregation to offer Namaz. There is a Hadith on this that women are free, preferably at home, to offer namaz.

Apr 23, 2026 04:53 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench seeking clarity

Justice Amanullah: Shamshad, you should, at this very point, for everybody's consumption, elaborate for everybody that right from the beginning, there is also no dispute that it started from the holy prophet himself.

Apr 23, 2026 04:49 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench asks factual clarity

CJI: Just for the factual clarity, what is the factual position…are women are allowed?

Shamshad: I have a detailed affidavit stating that there is no quarrel across the religious denomination among Muslims that women cannot enter into the mosque, and that too for prayer. They can enter into the mosque. There are certain discipline that has to be followed.

Apr 23, 2026 04:49 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Shamshad starts his submission

Senior advocate Shamshad: After this matter was filed and the first judgment was passed, during that time, this petitioner came to be filed that why Muslim women should not be allowed to enter into the Mousque. The petitioner is saying that they are a PIL petitioner, they are saying that I have written a letter to the particular mosque, and they are saying that there are no provisions. So that is the background, and the scheme of the petition is that my Articles 14, 15, 19, 25 and up to 25 is violated, there is no mention of Article 26.

In the petition, the prayer is of such a nature that I should, women should be permitted to stand in the first row, women should be permitted to stand in first line.

They also try to give an inference as if inside the mosque, there is some place, which is equivalent to the sanctum santorum. Sanctum santorum has no place in the mosque…If that is the case, this petition has no locus.

Apr 23, 2026 04:47 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar concluded his submission

Datar: The restriction imposed on women aged above 10 and below 50 from breaking the holy hills of Sabarimala and offering worship is in accordance with the usage prevailing from time immemorial; such restriction imposed by the Devaswom Board is not violated for Articles 15, 25, 26.

Apr 23, 2026 04:36 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Will idol have conscience?

Justice Nagarathna:  Article 19 is only for citizens. Some other articles, like Articles 20, 21, 14..they are for persons.

Datar: In fact, Article 15 is citizen. Article 16 is citizen. Article 19 is citizen.

Justice Nagarathna: Articles 14, 20, 21 also persons.

Justice Sundresh: Even 25 is citizen..no persons.

Data: In fact, another problem is Justice Nariman mentions person will be only natural person. That also may not be correct because wherever the Constitution wants to use person, it includes juristic person, and when it wants to use a natural person, it says citizen.

Justice Nagarathna: Basically, it's for natural person not for jusristic person… now they are saying idol will have a conscience. Will the idol have a conscience?

Datar: That’s a matter of belief.

Justice Sundresh: Certain fundamental rights, they can say.

Datar: To say idol will not get Part 3 (fundamental rights) rights as a general position may not be correct. Once you hold, it's a juristic person, then logically, all, where a person is, they'll be entitled to the right.

Justice Bagchi: …need to say, contextually consider the word person in relation to the idol….contextually, we will have to read in the Part 3 rights.

Apr 23, 2026 04:30 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar on rise of use of constitutional morality

Datar: Up to 2016, 17, it was hardly used then. There is a sudden spurt of constitutional morality, and now it's used in 79 judgments, including foreign exchange, decency, same sex privacy, across the spectrum, morality is used.

Apr 23, 2026 04:27 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar on morality

Datar: My submission is. So.. the word morality should not include constitutional morality. I would recommend Lordship may see para 176.7 of Justice Nariman's judgment in the five judge case, where Lordship recognises morality is a very difficult word to define.

Apr 23, 2026 04:23 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar says practice should continue

Datar: What I am submitting is the legislature of Travancore Cochin, in its wisdom, when it threw open. Now this law threw open entrance to all public.. all sections of Hindus in that in the rule they make an exception that whereby custom usage women of a particular category are not allowed, that restriction will continue. Rule 12 also says that. So what I'm submitting is even when they made a law with regard to social welfare and reform...they respected that particular practice for a particular temple. This is a practice. It should be allowed to continue.

Apr 23, 2026 04:10 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar on morality and constitution

Datar: I am just submitting like Article 25... sales, customs, usages that are prevalent unless the state under Article 25 to be decided now, the time has come to change and the dynamic constitution... what was considered to be unacceptable earlier now is acceptable today. That's a different issue, I am on the question of whether morality can include Constitutional order.

Apr 23, 2026 04:02 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Datar on use of word constitutional morality

Datar: When the Constitution was drafted, if the lordship see the Constitution Assembly, the word constitutional morality is used only thrice.

Apr 23, 2026 03:57 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Arvind Datar's for Nair Service Society

Senior advocate Arvind Datar: I am appearing for Nair Service Society with Mr Vaidyanathan..abd it was decided that I will stick to only constitutional morality.

Apr 23, 2026 03:53 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Arvind Datar's submission starts

Senior advocate Arvind Datar begins his submissions.

Apr 23, 2026 03:51 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Divan's submission concluded

Divan: Denominational autonomy is sacrosanct and must be preserved, or I should have said ought to be preserved by and protected by the court.

Apr 23, 2026 03:49 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Divan's suggestion to court

Divan: If your lordship feels it appropriate, then while laying down the parameters of Articles 25 and 26, please also indicate in your judgment if you consider it appropriate that courts deciding civil disputes, ordinary suits, section 92 situations, etc, must have regard to the parameters laid down by this court while interpreting 25, 26. Because we don't want a situation where a court, in its anxiety to do justice, ignores these very paramount principles, which the citizen enjoys qua the state, but which suddenly finds is now imposition, restriction, incursion, whatever you call it, has come through a judgment. So that ought to be avoided. That's just a suggestion for the court.

Apr 23, 2026 03:45 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Divan on Puttaswamy

Divan: The Puttaswamy judgment is extremely, is extremely important because, apart from reasonable restrictions,etc, which you already have in the constant context of Article 19, Puttaswamy, we read it that proportionality now is a test to be applied also in the context of Article 21. So we've come that far.

Apr 23, 2026 03:37 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Three judgements

Divan: The point which we seek to essentially project is that this court, when it is sitting in a panel of nine learned judges, will have regard to what we consider three other nine-judge cases or decisions, which may have thrown some light and maybe some assistance, in so far as guiding and interpretation is concerned. So, I am basically going to focus on three of these cases. The first is Coelho, the second is Puttaswamy, and the third is Mirajkar.

Divan: I will just make two or three points with regard to Coelho. The first point is reading this nine-judge bench panel tracing, which traces the constitutional history; they felt broadly speaking, you cannot read Articles in the fundamental rights part three isolated pools. It’s not to be done. So, they draw strength from each other. I think the court is most concerned with eventually the space and the liberty, which are reserved for the citizenry in different fields, and they found that a much better way of… protecting these spaces is perhaps through reading them collectively, and not in cileos. That does not mean that it is certain situations do not have a textual reading, and you borrow everything from one article to another. But this appears to be one element.

Divan: Now, I come to the second nine-judge panel.

Justice Nagrathna: You are trying to say Article 25(1) with regard to your freedom of conscience, can also come with an Article rather Article 25 (1), can read with Article 21.

Apr 23, 2026 03:24 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Shyam Divan's submission

Senior advocate Shyam Divan appears for interveners. He is representing people from different faiths.

Apr 23, 2026 03:23 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar concluded submission

Krishnakumar has concluded his submission.

Apr 23, 2026 03:20 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar on Article 25, Article 26

Krishnakumar: If the constitution makers intended that they should relate to the same subject, they come under the head of religious freedom, no doubt about it, that is the part under which both come, but there will be no occasion to provide Article 25 and Article 26 both separately. That’s very important, my lord. If Article 26 is merely an extension of Article 25, there would have been no occasion for the constitution makers to separately provide for it.

Justice Sundresh: Because they never expected an argument like this. They put it separately so that the administration management becomes separate.

Justice Nagrathna: Not only that…even the Article 26 (d) is also…denominations to follow the registration act, transfer of property act with regard to their properties, and not say I am a denomination and I am separate, nobody can touch me.

Apr 23, 2026 03:08 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar asks can Article 25 control Article 26

Krishnakumar: This is a question I'm placing for my lord's consideration. Can it be the position that a legislation traceable though to Article 25? Can it control Article 26 or condition Article 26? This is really the point I'm placing for my lord's consideration.

Apr 23, 2026 03:04 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Grundnorm

Krishnakumar: Provision of the constitution itself is the grundnorm. In the hierarchy, the grund norm is the highest, from and out of which everything else emanates all other forms of state action, be it legislation, subordinate legislation, or even further down any kind of regulations..

Therefore, Article 26 is the grundnorm.

Apr 23, 2026 02:54 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Non-Hindu religion and denominations

Krishnakumar: Hinduism swings like a pendulum. Pendulum between the limits of theistic theism and atheistic atheism. That's the extent to which my lord, the religion swings.

Justice Nagarathna: You look at it only from the Hinduism point of view. Non-Hindu religious denominations also have to be protected.

Krishnakumar: Absolutely, my lord.

What I'm submitting is perhaps more accentuated for the Hindu context. But it does not, my lord, exclude the approach or the formulation to be taken for other religions.

Apr 23, 2026 02:52 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Several belief systems

Krishnakumar: My lords, repeatedly referred to this and that is very important. Article 25 uses the expression religion, Article 26 uses denomination. The easiest way of rationalise.

CJI: Article 26 is also…as religious affairs. The religious is there, but the talks of religious affairs.. Article 25.. talks of religious practices.

Krishnakumar: That’s right my lord, and there, the important distinction I want to highlight is this. Article 26 talks of denomination or section thereof, that’s important, my lord, the section also becomes important. Now, the section there becomes important for one important purpose; there may be instances, rare, in general understanding of what a denomination is. There may be a group of people who may not fall within that. But they will still be a section of the denomination. Is really a purpose of I am highlighting it.

Krishnakumar: Therefore, my Lords, this is I'm highlighting this only to show how there are several belief systems..there are several practices connected to that. All may come within the larger umbrella of Hinduism. It could not, in my respectful submission, be appropriate to look at Hinduism as being broadly covered by the six broad schools...

Apr 23, 2026 02:49 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: 64 forms of Shiva

Krishnakumar: To contextualize the reference for Sabarimala, my lords have been told already he is a Brahmacharya. There are several forms we have...64 forms of Shiva... In Shiva itself, my lords, Bhairava is one form. Bairavaa itself again has several forms. We have one form of Shiva which is reflective of silence which is Dakshinamurthy , my lord.

Apr 23, 2026 02:47 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar on denomination

Krishnakumar: With reference to a particular deity, my lord, we we have this wonderful idea of ishta devata where in the Hindu faith there are people who propitiate particular figures or forms of the deity. That's recognized in Hindu law and in fact we have the deity being propitiated in different forms you go to the tip of the country, my lord, Kanyakumari is the place where the mothee is in the form of a kanya, a small child.

Apr 23, 2026 02:40 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar on denomination

Krishnakumar: A lot has been attributed to the word denomination itself? What is the definition being an undefined term? A number of submissions have been made, formulations have been given abroad.

A more appropriate definition of a denomination would be that it is a collective or group of persons who, even while belonging to a common faith that is a religion, have special attributes by way of a belief system and the qualification..with refrence to the deity.

Apr 23, 2026 02:37 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Krishnakumar on Article 26

Krishnakumar: When we move on to Article 26, we are looking at a group of persons who exercise their belief system in common. Perhaps this might be a more simplified approach to the entire thing, because the greatest. What would happen is if Article 26 is seen as some kind of a derivative of Article 25. In terms of my lords, saying that it is only the collection or a conglomeration of Article 25, several complications would arise.

Apr 23, 2026 02:34 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Guru Krishnakumar's submission

Senior advocate Guru Krishnakumar: Part one, I wanted to deal with all the questions under one group with regard to Article 25, 26, and the interplay of those. But, I assure my lord that I am dealing with it in a slightly different manner. Part two, with regard to the brodly the subject of judicial review.

Apr 23, 2026 02:30 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Counsel submission

Another counsel has started their submission before the court.

Apr 23, 2026 02:26 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Hearing resumes after break

The Supreme Court has resumed the hearing of the case post lunch.

The nine-judge bench has assembled.

Apr 23, 2026 02:18 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench to assemble soon

The nine-judge bench included Chief Justice of India Surya Kant, Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.

Apr 23, 2026 02:08 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench to assemble soon

The nine-judge bench will assemble soon to continue the hearing.

Apr 23, 2026 01:28 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Court rises

Hearing to resume after break

Apr 23, 2026 01:26 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Giving religion its rightful place

Venugopal: And therefore I say, in order to give religion its rightful place in the affairs of the country, one should allow religions to conduct their own affairs. Interference should be. Permitted on very narrow grounds, which is the specific grounds mentioned in Article 25 (1) and 26 (1).

Apr 23, 2026 01:24 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: What is religion

Venugopal: The question of what is religion and what is a religious practice ought to be gone into only as a matter of evidence, by taking evidence. And if it cannot be done by looking at the scriptures, by taking evidence of experts.

Apr 23, 2026 01:20 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Foundation of essential practices

Venugopal: But for the time being, I just want to say that the essential practices test has no textual foundation whatsoever in Article 25 (1) (a). The test my lords, which I can recite from memory, having reread the article many times, is nothing in this article shall prevent the state from making a law to regulate economic, financial, and political activities.

Apr 23, 2026 01:16 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Impact of case

Venugopal: I would request my words to keep in mind that whatever my Lords does here should withstand not only the test of whether it is appropriate for a country 1.45 billion, but also that it must withstand the whole constitution scholars. So as a matter of logical consistency, I would say Article 25 (1) is an individual right which is subject to these.. my Lords restrictions, that is the limitations.

Apr 23, 2026 01:14 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Venugopal on significance of case

Senior advocate Krishnan Venugopal: This case is important because it will govern the lives of almost 1.5 billion people in the country. But in addition, I want to tell my notes. It will be scrutinised and arranged by constitutional scholars all over the world to see how our court has dealt with these very next issues.

Nagrathna: For the sake of public order, suppose two denominations of the Jain faith start fighting over a religious site, and there is a public order threat, then the state can intervene.

Venugopal: My lord, I would bow down to that. That is the possibility. But except for those exceptional situations, and there the stake would be preserving the site or worship, not taking it over to build a district headquarters on it

Apr 23, 2026 01:10 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Venugopal's concern

Senior advocate Krishnan Venugopal: We are concerned for all religions about the increasing instances of state intervention methods. In the practice of all religions, whether through legislative or judicial intervention

Apr 23, 2026 01:07 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Krishnan Venugopal's submission

Senior advocate Krishnan Venugopal: I appear myself, my lord, on behalf of several Jain organisations.

Apr 23, 2026 01:04 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench on Hindu denomination

Justice Amanullah: Suppose you don’t want to be called a Hindu, but you still have a practice and worship is a part of religion. Now, if you belong to the community, you may not be identified as a Hindu per se, but if you are governed by the personal laws of the Hindus, the marriage laws of the Hindu, then automatically you come under the Hindu denomination, and then the worship is a facet of the religion. You come under the Hindu religion. How are you ousted?

Apr 23, 2026 12:55 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Justice Nagarathna on essential religious practice

Justice Nagarathna: Essential religious practice, don’t take it in the technical sense. As opposed to the secular practice, another practice is essentially a religious. That is different from saying essential religious practice… It's not a secular practice.

Muthuraj: Please, don’t test my practice as a whole Hindu religious practice.

Apr 23, 2026 12:49 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Muthuraj on diversity of Hindu religion

Muthuraj: I request you, Lordships, looking at the diversity of the Hindu religion, when the question comes before the Lordships for testing, first, whether it is a religious practice or not, if it is not a religious practice, you don’t have a protection over there. If it’s a religious practice, I request your lordships don’t go further to test whether it is an essential or integral part. And how will your lordships are going to test it is a religious practice for the principles of the believers of the group, not as a religion as a whole.

Apr 23, 2026 12:42 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Court interjects

Bench: The makers have consciously used the denomination in Article 26 and religion in Article 25 (1).

Apr 23, 2026 12:39 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Muthuraj on testing practice of religion

Muthuraj: How, your lordships, going to test a practice that is a religious practice or expand narrowed concepts…essential or integral or religious practice and with which text your lordships are going to test it.

If your lordships are testing the Christianity, they can take a Bible…or a Quran is can take it and verify whether it’s a religious practice or not. How do we test a Hindu religious practice?

Apr 23, 2026 12:38 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Hindu can go any temple says SC

Justice Nagarathna: One way is denomination…temple follows Shaivite worship, Vaishnavite worship or Sri Vaishnavite worship at least in South India. They are the practices. Therefore, it is called a denomination.

Now, if it is a Shaivite type of worship, then the Vaishnavites cannot say that it has to be like a Vaishnavite form of worship, but there is a difference in that worship…Therefore, that form of worship is protected. That has nothing to... should have an organisation. Not necessary. A Hindu is a Hindu. He can go to any temple.

Apr 23, 2026 12:25 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Jayanth Muthuraj's submission

Senior advocate Jayanth Muthuraj: The problem for us, my lord why we are before you for 75 years that interpretation given for the religious denomination has shut the rights of the majority of the Hindus. I may say my lord is coming from Tamil Nadu and Kerala, 95 per cent do not belong to any denomination, so-called denominations approved by this court. So, where do we go?

Apr 23, 2026 12:09 PM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Supreme Court running short of time

Bench: Please confine yourself to the given issues…because we are already running short of time…today, we are going to conclude…we understand your argument, may you can reserve it to the subject of this…

Radhakrishnan: I think I am not annoying your lordships

Bench: We are willing to hear, no problem, any number of days, but you know…

Radhakrishnan: Being a devotee myself, our sentiments are also wounded for the known actions by the state government

Apr 23, 2026 11:46 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate K Radhakrishnan's submission

Senior advocate K Radhakrishnan: As far as this matter is concerned, unity in diversity is a hallmark of this multilingual and multi-religious, secular society.

I am appearing on behalf of the senior member of the Pandalam Palace, and the foster father of lord Sri Ayyappa.

Apr 23, 2026 11:38 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Kaul's submission concluded

Senior advocate Kaul concluded his submission.

Apr 23, 2026 11:37 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Justice Nagarathna on WhatsApp University

Kaul: There is never any harm in all humility. If knowledge and wisdom comes from any source, any country, any university, it should be welcome. We are far rich of jurisprudence not to accept all forms of knowledge and information that time.

Justice Nagarathna: But not from WhatsApp University.

Apr 23, 2026 11:31 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Article written by Shashi Tharoor in The Indian Express

Kaul: It's a very interesting article by Mr Shashi Tharoor in the Indian Express. And it makes for a very good reading and I’ll just read out two lines — “When the gavel falls on matters of deep-seated belief, it must do so with an awareness of the limitations of legal logic.” And then it goes on to say, “When, when the judiciary attempts to reform a religion by stripping away the specificity that define it, it risks becoming an instrument of alienation rather than enlightenment.”

CJI: We respect all eminent persons…; but personal opinions are personal opinions.

Apr 23, 2026 11:24 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Morality can't be just anyone's hypersensitiveness

Kaul: For morality, it can't be just anyone's hypersensitiveness. It has to be something abhorrent to civilised society. It has to be something that cannot be reconciled at all. That is what morality is, where morality and state regulation on the grounds of morality come in, which is referred to. So the threshold has to be high for it, and from the point of view and the lens of the religion in question.

Apr 23, 2026 11:22 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Kaul on constitutional morality

Kaur: The concept of constitutional morality refers to moral values underpinning the text of the Constitution, which are instructive and, in certain, the true meaning of the Constitution and achieve the objects contemplated therein. Constitutional morality in a pluralistic society and secular polity would reflect that the followers of various sects have the freedom to practice their faith in accordance with the tenets of their religion. It is irrelevant whether the practice is rational or logical.

Apr 23, 2026 11:15 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Kaul on constitutional morality

Kaul: Religion and the validity of the particular religious practices are simply not the subject matter (of constitutional morality).

Apr 23, 2026 11:13 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Constitutional morality not form part of morality

Kaul: We contend that constitutional morality does not form part of morality because constitutional morality has consistently been applied only in relation to state power and issues that affect all citizens. It is not used to decide the cases about religions and religious practices.

Constitutional morality is used in the context of ministerial appointments to structure the relationship between left and the governor and elected government, and to test general criminal laws against the guarantees of equality, dignity and privacy.

In each of these cases, the doctrine operates as a lens for judging state conduct and secular legislation that applies to all citizens regardless of faith.

Apr 23, 2026 11:11 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Kaul talking about makers and framers of Constitution

Kaur: Wherever the legislature or the makers or the framers of the Constitution wanted to provide the regulation in any form, they provided that to read into social reform. Grounds which are not provided in the Constitution are actually altering the textual basis, and it's not if those words are read as they are, don't lead to. Meaning there's a conscious reason by what is provided where it is provided.

Apr 23, 2026 11:08 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Kaul on Article 26 introduction

Kaul: I completely agree, in fact, when the constitution assembly debates were on and the original Article 20, which is now Article 26, the words public order, health, and morality were not there. When this discussion came up, Dr Ambedakar said, yes we are introducing them into Article 26, and the state can regulate on these three grounds.

Apr 23, 2026 11:04 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Bench's response on Kaul's submission

Kaul: My respectful submission is that even Devaru said, it’s not about one being subject to the other, it’s about harmonious construction, and in all matters of the religion, ordinarily, Article 26 (b) will have its full flow, except for on the question of the entry in the temples, which would otherwise render the interpretation of the Article 25 (2) (b) negatory.

Justice Nagarathna: Even on the touchstone of public order, morality and health, if a legislation is made under Article 25(2)(b), you can’t that the right of the religious denomination will still prevail. Ultimately, it is subject to public morality, order and health. That could be the basis for social reform.

Apr 23, 2026 11:02 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Article 26 (b) sufficient

Kaul: The substantial question of law which arises for decision in this appeal is whether the right of a religious denomination to manage its own affairs in matters of religion guarantees. Article 26 (b) is sufficient to and can be, is subject to and can be controlled by a law protected by 25 (2) (b), throwing open. A Hindu public temple to all classes, classes of sections of Hindus.

Apr 23, 2026 10:57 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Kaul on complete autonomy

Kaul: Therefore, a religious denomination or organisation enjoys complete autonomy in the matter of deciding as to what rights and ceremonies are essential according to the tenets of the religion they hold, and no authority has any jurisdiction to interfere with their decision in such matters. This is necessary to ensure preservation of the community bonds that hold the community together as a unit.

Apr 23, 2026 10:53 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Senior advocate Kaul's submission

Senior advocate Neeraj Kishan Kaul is presenting his submission before the bench: The collective autonomy implies the right to exclude certain persons or practices from religious practices. This is necessary to maintain the strength of the religion and ensure that the religion does not lose its identity.

Apr 23, 2026 10:49 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Nine-judge bench started hearing

A nine-judge bench has resumed the Day 8 hearing of the Sabarimala reference with the submission of senior advocate Neeraj Kishan Kaul.

Apr 23, 2026 10:40 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Nine-judge bench to resume hearing today

Senior advocate Subramanium, on April 22, argued that the faith of the worshiper is a private matter between the worshiper and the maker, and is not the area where the court interferes.

Apr 23, 2026 10:28 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Day 8 hearing

In the last hearing so far, the arguments have been concluded on behalf of the Centre, temple devotee organisations and the Travancore Devaswom Board. 

The Supreme Court will continue the hearing today with the submission of other parties. 

Apr 23, 2026 10:23 AM IST
Supreme Court Hearing on Sabarimala Women Entry Live Updates: Nine-judge bench to resume hearing

A nine-judge bench will shortly resume the Day 8 hearing of the Sabarimala reference.

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