The proceedings before the 9-judge Supreme Court bench in the Sabarimala reference case focus on the fundamental legal question of 'locus standi' (the right to bring an action) in Public Interest Litigations (PILs) involving religious practices. The central debate involves whether individuals who are not members or devotees of a specific religious denomination can challenge its internal practices under Articles 25 and 26 of the Constitution. Justice Nagarathna highlighted the concern that if no actual devotee is aggrieved, the court's intervention might be unwarranted. Senior Advocate Indira Jaising argued that the court must either address the merits of the reference or discharge it, given that the case has been pending for nearly two decades. Solicitor General Tushar Mehta emphasized that for challenges under Articles 25 and 26, the petitioner should ideally belong to the concerned religious denomination to avoid 'interlopers' interfering in faith-based traditions.
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