Lawstreet Journal

Sabarimala Case Update: SC Upholds Reference To Larger Bench, Frames Issues To Be Considered [Read Judgment]

Lawstreet Journal 10 Feb 2020 7:32pm

Image courtesy: Lawstreet Journal Judiciary Sabarimala Case Update: SC Upholds Reference To Larger Bench, Frames Issues To Be Considered [Read Judgment]

The Supreme Court on 10 February, 2020 has upheld its decision to refer the Sabarimala Case to a larger bench and has framed seven legal questions surrounding entry of women into the Sabarimala temple, in pursuance of its review jurisdiction. 

The legal questions framed for consideration include the ambit of right to freedom of religion under Article 25, the inter-play between Articles 25 and 26, reasonable restrictions imposed on Article 26 by virtue of Part III of the Constitution of India, 1949, scope of morality under Articles 25 and 26, scope of judicial review with reference to Article 25, meaning of “Sections of Hindus” provided under Article 25 (2) and the locus standi of person not belonging to a a religious denomination or religious group to question a practice of that religious denomination or religious group by filing a PIL.

The nine-judge bench that has been constituted is headed by Chief Justice S A Bobde and consists of Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, MM Shantanagoudar, SA Nazeer, R Subhash Reddy, BR Gavai and Surya Kant.

A five judge bench, by majority of 3:2 on the 14 November, 2019 referred to a larger bench, the issue of discrimination against women at various religious places of worship. The majority verdict by the former Chief justice Ranjan Gogoi and Justices AM Khaniwilkar and Indu Malhotra decided to keep the plea in a review decision regarding the issue of entry of women into the shrine as pending while further opining that restrictions were… Continue Reading...

Tagged: Sabarimala Temple   Sabarimala   Sabarimala Ayyappa temple   sabarimala temple  
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