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Supreme Court 9‑Judge Bench Continues Hearing on Sabarimala Constitutional Issues – Day 2

Supreme Court 9‑Judge Bench Continues Hearing on Sabarimala Constitutional Issues – Day 2
This topic falls under General Studies Paper II: Indian Constitution, specifically regarding the evolution of 'Constitutional Morality' versus 'Religious Freedom'. It involves the interpretation of Article 25 (Freedom of conscience and free profession, practice and propagation of religion) and Article 26 (Freedom to manage religious affairs), alongside the evolving jurisprudence of Public Interest Litigation (PIL) in India.
The Sabarimala 9-judge bench proceedings focus on the critical constitutional question of 'Locus Standi' in matters of religious practice. The core debate revolves around whether individuals who are not members of a specific religious denomination or are 'non-devotees' have the legal standing to challenge the internal practices of that faith through Public Interest Litigations (PILs). During the proceedings, Justice Nagarathna and Solicitor General Tushar Mehta questioned if the court should entertain petitions from those with no personal stake or devotion to the deity, suggesting that challenges to religious customs under Articles 25 and 26 should ideally come from within the community. Senior Advocate Rajeev Dhavan argued that the court must decide if it would dismiss a case simply based on the identity of the petitioner, while the bench deliberated whether this reference, which has been pending for nearly two decades, should be addressed on its merits or discharged if the threshold of 'standing' is not met.
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Key Insight

Supreme Court probes who can challenge religious customs: the Sabarimala standing debate

Key Facts

  1. The Supreme Court formed a 9‑judge bench to hear the Sabarimala PILs (2026).
  2. Core issue: locus standi of non‑devotees to challenge religious practices under Articles 25 and 26.
  3. Justice B. V. Nagarathna and Solicitor General Tushar Mehta questioned standing of outsiders.
  4. Senior Advocate Rajeev Dhavan argued that dismissal solely on petitioner’s identity would set a dangerous precedent.
  5. The reference has been pending for almost two decades, originating from the 2006 petition challenging Sabarimala’s entry ban.
  6. The bench includes judges from both the majority and dissenting benches of the 2018 Sabarimala verdict.

Background

The debate sits at the intersection of constitutional morality, religious freedom and gender equality – key themes in GS‑II. It tests the limits of PILs and the principle that only those directly affected may question internal religious matters, a question that shapes future jurisprudence on fundamental rights.

UPSC Syllabus

  • GS2 — Constitutional posts, bodies and their powers and functions

Mains Angle

GS‑II: Discuss how the Supreme Court balances Articles 25 & 26 with Articles 14 & 15 in the Sabarimala standing controversy, and evaluate the role of a constitutional bench in safeguarding constitutional morality.

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Overview

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Full Article

The Sabarimala 9-judge bench proceedings focus on the critical constitutional question of 'Locus Standi' in matters of religious practice. The core debate revolves around whether individuals who are not members of a specific religious denomination or are 'non-devotees' have the legal standing to challenge the internal practices of that faith through Public Interest Litigations (PILs). During the proceedings, Justice Nagarathna and Solicitor General Tushar Mehta questioned if the court should entertain petitions from those with no personal stake or devotion to the deity, suggesting that challenges to religious customs under Articles 25 and 26 should ideally come from within the community. Senior Advocate Rajeev Dhavan argued that the court must decide if it would dismiss a case simply based on the identity of the petitioner, while the bench deliberated whether this reference, which has been pending for nearly two decades, should be addressed on its merits or discharged if the threshold of 'standing' is not met.
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Supreme Court probes who can challenge religious customs: the Sabarimala standing debate

Key Facts

  1. The Supreme Court formed a 9‑judge bench to hear the Sabarimala PILs (2026).
  2. Core issue: locus standi of non‑devotees to challenge religious practices under Articles 25 and 26.
  3. Justice B. V. Nagarathna and Solicitor General Tushar Mehta questioned standing of outsiders.
  4. Senior Advocate Rajeev Dhavan argued that dismissal solely on petitioner’s identity would set a dangerous precedent.
  5. The reference has been pending for almost two decades, originating from the 2006 petition challenging Sabarimala’s entry ban.
  6. The bench includes judges from both the majority and dissenting benches of the 2018 Sabarimala verdict.

Background & Context

The debate sits at the intersection of constitutional morality, religious freedom and gender equality – key themes in GS‑II. It tests the limits of PILs and the principle that only those directly affected may question internal religious matters, a question that shapes future jurisprudence on fundamental rights.

UPSC Syllabus Connections

GS2•Constitutional posts, bodies and their powers and functions

Mains Answer Angle

GS‑II: Discuss how the Supreme Court balances Articles 25 & 26 with Articles 14 & 15 in the Sabarimala standing controversy, and evaluate the role of a constitutional bench in safeguarding constitutional morality.

Analysis

Practice Questions

GS2
Easy
Prelims MCQ

Public Interest Litigation and Constitutional Law

1 marks
5 keywords
GS2
Medium
Mains Short Answer

Fundamental Rights – Freedom of Religion vs Equality

10 marks
6 keywords
GS2
Hard
Mains Essay

Judicial Review, Constitutional Bench, and Balancing Fundamental Rights

25 marks
9 keywords
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