Sabarimala case: SC examines essential religious practice doctrine and religious denominations
A nine-judge Constitution Bench of the Supreme Court, led by Chief Justice of India Surya Kant, is re-examining the broader implications of its 2018 Sabarimala ruling, which struck down the age-based restriction on women's entry. The 2018 ruling held that Ayyappa devotees do not constitute a separate religious denomination and that the custom was not an "essential religious practice" (ERP). The current hearing delves into the ERP doctrine's evolution, the State's role in religious reform, and the definition of religious denominations under Articles 25 and 26. The Union government argued against judicial overreach in religious matters, while critics highlight the narrowing interpretation of ERP, which now requires practices to be indispensable to a religion's core identity, rather than merely inherently religious.
Key Points
- A nine-judge Supreme Court Bench is reviewing the constitutional implications of the 2018 Sabarimala verdict.
- The 2018 ruling declared the age-based restriction on women's entry unconstitutional and stated Ayyappa devotees are not a separate religious denomination.
- The current examination focuses on the 'essential religious practice' (ERP) doctrine and the definition of 'religious denomination' under the Constitution.
- The Union government contends that "constitutional morality" is subjective and that judges should not act as social reformers in religious matters.
- The article discusses the narrowing judicial interpretation of ERP, shifting from 'inherently religious' to 'indispensable to core identity'.
Exam Facts
- A nine-judge Constitution Bench, led by Chief Justice of India Surya Kant, is hearing the petitions.
- The 2018 ruling was in Indian Young Lawyers' Association vs. State of Kerala.
- The 2018 ruling was by a 4:1 majority.
- Articles 25-28 under Part III (Fundamental Rights) of the Constitution guarantee freedom of religion.
- The Shirur Mutt (1954) case defined the three-part test for a religious denomination.
- Article 14, 15, 17, 25, 26 are relevant constitutional articles.
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