Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]
Alright, let's talk about the Sabarimala case , it’s a big deal and directly relevant for your CLAT exam. The Supreme Court’s 9-judge bench isn’t reviewing the original verdict, but clarifying big constitutional questions about religious practices. They’re debating things like the ‘Essential Religious Practice’ (ERP) test , what counts as a fundamental religious belief , and how far the state can interfere for social reform. Today saw arguments on women's exclusion violating constitutional ethos. Bottom line, this discussion touches fundamental rights like Article 17 (untouchability), Article 25 (individual religious freedom), and Article 26 (denominational rights). It’s about balancing these with constitutional morality. So for your CLAT prep, really understand these Articles and the ERP test , they’re key for constitutional law.
Today is the 15th day of arguments before the 9-judge bench of the Supreme Court in the Sabarimala reference.
Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.
Not Reviewing Sabarimala Verdict In Reference; Only Considering Constitutional Questions, Says Supreme Court
'There Can't Be Untouchability For 3 Days A Month', Justice Nagarathna On Article 17 Application In Sabarimala Case
India Not Patriarchal Or Gender Stereotyped As The West Understands : Solicitor General To Supreme Court In Sabarimala Reference
Reports from Day 2 Hearing are given below :
Sabarimala Reference | Judicial Review Over Superstitious Practices Not Barred, Says Supreme Court In Hearing
Sabarimala Reference | Centre Questions Verdicts Decriminalising Adultery & Homosexuality For Applying 'Constitutional Morality'
Reports from Day 3 Hearing are given below :
Excluding Other Denominations From Temples Will Affect Hinduism : Supreme Court In Sabarimala Reference Hearing
Sampradayas Attached To Temple Must Be Followed While Visiting It: Supreme Court In Sabarimala Reference Hearing
There Are Temples Where Only Women Can Go : Centre To Supreme Court In Sabarimala Reference
Reports from Day 4 Hearing are given below :
Difficult To Declare Belief Of Millions Wrong : Supreme Court In Sabarimala Reference Hearing
Sabarimala Reference | Can't Hollow Out Religion In The Name Of Social Reform, Supreme Court Says In Hearing
Sabarimala | Visit Of Fertile Women Antithetical To Deity's Identity; They Can Visit Other Ayyappa Temples : TDB To Supreme Court
'Constitutional Morality' In Religious Matters Like A Bull In A China Shop : Singhvi Tells Supreme Court In Sabarimala Reference
Women In South Avoid Temples During Menstruation As Matter Of Belief : Lawyer Tells Supreme Court In Sabarimala Reference
Sabarimala Reference | Correct Test Is If Religious Belief Is Bona Fide, Not If It's Essential : Rajeev Dhavan To Supreme Court
Sabarimala Reference | If Believer Prevented From Touching Deity Only Due To Birth, Can't Constitution Intervene? Supreme Court Asks
Sabarimala Reference | Supreme Court Debates Essential Religious Practice Test, Denominational Rights vs State Reform Power
Can't Lay Down Blanket Rules On State Interference In Religion For Social Reform : Supreme Court In Sabarimala Reference Hearing
Sabarimala Reference | How Can Judgment Be Challenged In Writ? Supreme Court Questions Plea Against Dawoodi Bohra Practice
Can't Take Information From 'WhatsApp University': Justice Nagarathna
No Restriction On Women To Enter Mosque For Namaz; ERP Tests Wrongly Applied To Islam : AIMPLB Tells Supreme Court
Sabarimala Reference | Art 25(2)(b) Mentions Throwing Open Of Only Temples Since Caste System Is Not In Other Religions : Justice Nagarathna
'Don't Argue Like This' : Supreme Court Rebukes Lawyer In Sabarimala Reference Hearing
'We Can't Be Part Of Annihilation Of Religion; Let's Not Open Age Old Customs' : Supreme Court In Sabarimala Reference Hearing
Women Who Are True Devotees Of Lord Ayyappa Won't Go To Sabarimala Till They Attain 50 Years : Supreme Court
'Morality' Can't Be Interpreted As Societal Morality As It Can Be Based On Prejudices : Indira Jaising In Sabarimala Reference
'What Good Came Out Of Your PIL?' : Supreme Court Questions NGO Which Filed Plea For Sabarimala Women Entry
'How Can Right To Conscience Be Taken Away By Marriage?' : Supreme Court Questions Excommunication Of Parsi Women Marrying Outside Faith
Constitution Didn't Intend To Give Religious Denomination Higher Rights Than Believer : Darius Khambata In Sabarimala Reference
What Happens To Indian Civilisation If Every Religious Practice Is Questioned In Courts? Supreme Court In Sabarimala Reference
Female Genital Mutilation Affects Health; Can't Be Compared With Circumcision : Supreme Court In Sabarimala Reference Hearing
SC Shouldn't Have Totally Struck Down Law Banning Excommunication : Supreme Court In Sabarimala Reference Hearing
Follow this page for today's live updates :
Kalitha: exclusion of women on notions of purity is violative of the constitutional ethos.
Advocate Chaturvedi: a number of counsels that where there exist is a conflict, proportionality is sufficient. I submit double proportionality is necessary. the doctrine of proportionality arises from conflict between individual and the state but it never evolved as striking down a legislation for violating the right of other. in aadhaar mylords adopted proportionality and held that there is no disproportionate impact on privacy. now take where there is a disproportionate impact, what would be the consequence of applying proportionality simplicter? that is why in electoral bond, double proportionality was used.
articles 25 and 26 are sui generis rights,in my written submission I have said how double proportionality should apply.
Advocate Sneha Kalitha: the constitution draws a distinction between inner freedom and external manifestation the latter subject to limitation.
2. article 26 doesn't expressly contain subject to other fundamental right- it can't be read as exclusion of other parts
3. article 25(2)(b) is transformative in nature, applicable to article 26 as well- test of doctrine of compatibility is required
Advocate 4: on conscience, man is an inherent rational person. this ultimate meaning of freedom of conscience is not linear, I can be allowed to change. if I don't have a right to dissent, there will be no social reform. some aspects of conscience is completely private and state can't get to pervade. because conscience is absolutely private, so when I am entering temple, contrary to devaru, enter can't be a religious practice. when I am entering, nobody has a right to question whether I am 100% believer or 50% believer.
Advocate 2: I am a sanskrit scholar, 94 years old. There is a chapter on Sabarimala which as a link to the continuation to the practice of buddhism.
subject to public order morality and health is common to both but other provisions of this part, constitution consist of 22 parts but FR is Part III. whatever issues are there, it is connected to dignity.
Advocate 3: there is harmony in islam and hinduism. as far as my matter is concerned, it is doctrinal and admitted by AIMPB. my prayer is to enter the mosque, there are 3 types- under waqf board, regulated by mullahs and ASI. Likewise, there are private and state temples. today the problem in the country is the state is trying to take over the private temples, collector is changing the revenue entry.
Padmanabhan: on issues 1, 2, 3 and 6- right to freedom of religion has reasonable restriction. group rights are a form of liberty which should be balanced with equality. all sections of hindus excludes none.
Advocate Prashant Padmanabhan: article 25 is the genesis of the right to religion and article 26 is the facet. this is the interplay between articles 25 and 26 is the balance between liberty of citizens which gives space to religious denomination in matters of religion.
dr ambedkar say without equality liberty would be a matter of the few. article 25 uses the word person should be read along with article 6 of the UDHR and ICCPR. Everyone has a right to recognition everywhere which is in course of inherent dignity and liberty.
if there is a purification ceremony after a woman enters sabarimala, then its a violation of her civil right.
Advocate 2: a suggestion was there to include god in the preamble and it was rejected. the custom will not be appropriate to use in article 26. when we see the dictionary meaning of tradition, the traditions are perpetual.
article 19 gets much more restriction. so if we say anything which affects the country, I don't have the rights.
Advocate: right of religious denomination is confined to the governance of religious denomination. affairs refers to those matters which are truly institutionally correct such as appointment of religious functionaries, internal administration. it protects autonomy but doesn't confer plenary authority.
Advocate: gurudnorm is the constitution under which article 26 is the norm and the norms under it would be the subnorm which has to give way to the upper layer which is the fundamental rights.
J Amanullah: on one hand you say the parliament has been elected by people and represents the will of the people and now you are saying constituton is the gurudnorm. it is not the parliament which is supreme,
today a religion is there, a small number come out and establish the institution, now they allow people with certain idea and practice. they can't say later that just because I have numbers
today just because a majority wants to reform doesn't mean we have to follow that