CJI Surya Kant Leads Nine-Judge Bench in Final Hearing on Sabarimala Women's Entry Case

The Supreme Court of India on Tuesday began hearing petitions seeking a review of its 2018 judgement that lifted age restrictions on women entering the Sabarimala temple in Kerala. A nine-judge bench, led by Chief Justice of India Surya Kant, has taken up the matter, which raises significant constitutional questions on religious rights. The bench includes Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.

In 2018, a five-judge bench of the Supreme Court, by a 4:1 majority, struck down Rule 3(b) of the Kerala Hindu Places of Public Worship Rules, 1965, which barred women of menstruating age from entering the shrine, calling it unconstitutional. Subsequently, in January 2020, the Supreme Court formed a nine-judge bench under then CJI S. A. Bobde, which held that the review petitions challenging the ruling were maintainable.

The bench is set to examine seven key constitutional questions, including the scope of the right to freedom of religion under Article 25, the balance between individual rights under Article 25 and the rights of religious denominations under Article 26, and whether the rights of religious denominations are limited by other provisions of Part III of the Constitution beyond public order, morality, and health. Other questions include the interpretation of “morality” under Articles 25 and 26; the extent of judicial review of religious practices; the meaning of the phrase “Sections of Hindus” in Article 25(2)(b); and whether individuals outside a religious denomination can challenge its practices through Public Interest Litigation (PIL).

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During the early proceedings, Senior Advocate Rajeev Dhawan observed that the definition of “denomination” is narrow and requires careful consideration. Chief Justice Surya Kant outlined the broad areas of law likely to be discussed, while Solicitor General Tushar Mehta emphasized that the bench will examine the referred questions of law. Rajeev Dhawan further highlighted the immense importance of Articles 25 and 26, and SG Mehta noted that the court’s decision could influence national governance for the next 30 to 40 years.

The hearing is expected to be long and closely watched, given its far-reaching implications for religious freedom, gender equality, and constitutional law in India. The Supreme Court’s ruling could set a significant precedent on how constitutional rights and religious practices interact, shaping the legal landscape on issues of faith and equality in the country.

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