Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]

Key Insight

Supreme Court limits Sabarimala reference to constitutional issues, sparking gender‑equality debate

Key Facts

1. The Supreme Court 9‑judge bench heard the Sabarimala reference on 13 May 2026 (Day 15 of the reference).
2. The bench clarified it will not review the 2018 Sabarimala verdict, but will consider only constitutional questions.
3. Justice N. V. Ramana and Justice B. V. Nagarathna were among the judges hearing the reference.
4. Justice Nagarathna observed that "there can't be untouchability for three days a month" while discussing Article 17's applicability.
5. Solicitor General R. Venkataramani told the Court that India is not patriarchal in the way the West perceives gender stereotypes.
6. The reference was invoked under Article 143(1) of the Constitution to seek the Court's advisory opinion on the matter.

Background

The Sabarimala dispute pits the constitutional guarantee of gender equality (Articles 14, 15, 25) against claims of religious freedom. The Supreme Court's reference seeks to resolve the tension without overturning its own 2018 judgment, highlighting the judiciary's role in interpreting fundamental rights versus personal law.

Mains Angle

GS II – Polity: Analyse the implications of limiting the reference to constitutional questions on the balance between religious freedom and gender equality, and assess the role of advisory references in constitutional jurisprudence.