Entertaining petitions on religious practices can have far-reaching consequences, says SC
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Entertaining Petitions on Religious Practices — SC Observation (Sabarimala Reference)
1. At a Glance
- SC (nine-judge Bench) warns: courts entertaining every petition on religious practice risks "flood gates" of litigation against India's religion-society fabric [S1].
- Arises in Sabarimala Review / Reference case, testing scope of judicial review over essential religious practices (ERP) under Arts. 25–26 [S1][S2].
- Core UPSC angle: Essential Religious Practices doctrine, Art. 25 (individual freedom) vs Art. 26 (denominational autonomy), judicial restraint vs fundamental rights.
2. Why in the News
- Nine-judge Constitution Bench, CJI Surya Kant + 8 judges, concluded 16 days hearing, reserved judgment on Sabarimala Reference (Thu, reported 8 May 2026) [S1][S2].
- Justice B.V. Nagarathna: mass petitioning against temple opening/closure etc. if courts intervene routinely in faith matters [S1].
- Justice M.M. Sundresh: entertaining ERP challenges on fundamental-rights grounds may "open flood gates" [S1].
3. Background & Evolution
- 2018: SC 5-judge Bench (4:1), Indian Young Lawyers Assn. v. State of Kerala — allowed entry of women (10-50 yrs) into Sabarimala temple, struck down Rule 3(b) of Kerala Hindu Places of Public Worship Rules, 1965 [S2].
- 2019: Review petitions — SC (3:2) referred larger questions to 9-judge Bench (not staying 2018 verdict), covering overlapping issues: Parsi women entry into Fire Temple, Dawoodi Bohra FGM, Muslim women mosque entry [S2].
- 7 April 2026: 9-judge Bench begins final hearings on the Reference [S2].
- May 2026: Hearings concluded (16 days), judgment reserved [S1][S2].
4. Core Static Facts
- Case: Sabarimala Reference (arising from Kantaru Rajeevaru v. Indian Young Lawyers Assn. review).
- Bench strength: 9 judges — CJI Surya Kant, Nagarathna, Sundresh, Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan, Joymalya Bagchi [S1].
- Constitutional provisions: Article 25 (freedom of conscience, practice/propagation of religion), Article 26 (denominational right to manage religious affairs).
- Doctrine at issue: Essential Religious Practices (ERP) test, judicially evolved (not in Constitution text), used since 1954 Shirur Mutt case to decide what religious practice merits Art. 25/26 protection.
- Linked cases bundled in Reference: Parsi women's Fire Temple entry post inter-faith marriage; Dawoodi Bohra female genital cutting/FGM; Muslim women's mosque entry [S1].
5. Multi-Dimensional Analysis
- Legal/Constitutional: Tension between Art. 14/15/21 individual rights and Art. 25/26 group religious autonomy; question of judicially manageable standards for "religion" vs "essential practice" [S1].
- Social: Gender-based exclusion in religious spaces (Sabarimala, Fire Temple, mosques) vs preserving religious identity of denominations.
- Ethical/Governance: Judicial restraint principle — SC self-cautioning against becoming arbiter of theology; separation of powers between faith and constitutional courts [S1].
- Historical: Traces to Shirur Mutt (1954) origin of ERP test; subsequent inconsistent application (Sabarimala, triple talaq, Sati precedents) shows doctrinal uncertainty.
- Administrative: Floodgates concern — implications for judicial capacity/docket if courts become default forum for religious disputes.
6. Recent Developments (last 12-18 months)
- 7 April 2026: 9-judge Bench commences substantive hearings on Sabarimala Reference [S2].
- 8 May 2026 (reported): Bench concludes 16 days of hearing, reserves judgment; Nagarathna and Sundresh make oral observations on floodgates risk [S1][S2].
7. Prelims Hooks
- ERP doctrine judicially originated in Shirur Mutt case, 1954.
- Sabarimala 2018 verdict: 4:1 majority, Justice Indu Malhotra dissented.
- 2019 review order: 3:2 split referred questions to larger (9-judge) Bench.
- Current 9-judge Bench headed by CJI Surya Kant.
- Sabarimala Reference bundles Parsi Fire Temple, Dawoodi Bohra FGM, Muslim mosque-entry issues together.
- Rule struck down in 2018: Rule 3(b), Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965.
- Relevant Articles: 25 (individual religious freedom), 26 (denominational rights), also intersect with Art. 14, 15, 21.
- Hearings on Reference began 7 April 2026, concluded after 16 sitting days.
- Justice B.V. Nagarathna authored dissent-leaning observations on India as a "civilisation" bound to religion.
8. Mains Relevance
- GS-II: Indian Constitution — fundamental rights (Art. 25, 26), judiciary's role, separation of powers, judicial review limits.
- GS-I: Salient features of Indian society — diversity, religion-society relationship.
- Sample stems:
- "Discuss the evolution and limitations of the Essential Religious Practices doctrine in adjudicating disputes between individual rights and religious freedom in India."
- "Should constitutional courts continue to be the forum for resolving disputes over religious practices? Critically examine with reference to the Sabarimala Reference."
- "Examine the tension between Articles 25 and 26 of the Constitution in light of recent Supreme Court observations on gender and religious autonomy."
9. Related Topics to Study Next
- Shirur Mutt case (1954) — origin of ERP doctrine.
- Triple Talaq judgment (2017) — parallel gender-religion rights case.
- Sati Prevention Act & related religious-practice legislation — legislative vs judicial intervention.
- Uniform Civil Code debate — broader religion-law interface.
- Freedom of religion vs Article 21 (dignity) — jurisprudential balancing.
- Doctrine of judicial restraint / separation of powers — institutional design theme.
- Right to Equality (Art. 14/15) vs religious autonomy — comparative rights framework.
10. Common Errors / Trap Areas
- Confusing 2018 Sabarimala verdict (5-judge, 4:1) with 2026 nine-judge Reference judgment (reserved, not yet delivered).
- Assuming ERP doctrine is constitutionally codified — it is judge-made, from Shirur Mutt (1954).
- Mixing up Article 25 (individual) and Article 26 (denominational) applicability.
- Treating Sabarimala Reference as limited to Hindu temple entry — it bundles Parsi and Muslim/Dawoodi Bohra issues too.
- Assuming a final verdict exists as of reporting date — judgment was only reserved, not pronounced.
11. Sources
- [S1] "Entertaining petitions on religious practices can have far-reaching consequences, says SC" — The Hindu (article excerpt, dated 8 May 2026, Page 3, International Edition) — https://www.thehindu.com/todays-paper/2026-05-08/th_international/articleGDRFV1BPK-14515852.ece — (tier: 4)
- [S2] "Sabarimala Review | Nine-judge Bench to commence arguments from 7 April 2026" — Supreme Court Observer — https://www.scobserver.in/reports/sabarimala-review-nine-judge-bench-to-commence-arguments-from-7-april-2026/ — (tier: 4)