Khambata: judicial review can't be excluded in 6... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 12]

Khambata: judicial review can't be excluded in 6 cases:

1. Whether or not the doctrines of a religion include a particular practice;

2. Whether practice or belief is a genuine practice / belief enjoined by the religion and not an artifice;

3. Whether a current organisation or entity has the exclusive right to dictate what the doctrines of a religion are;

4. If there are conflicting doctrines or practices, then which of these is part of the religion and which not;

5. Whether a “matter of religion” or a practise / doctrine is contrary to public order, health or morality;

6. Whether a practice of religion in a particular instance collides with a competing fundamental right viz. Article 14, 15, 21 or 25(1);

if so, then how the doctrine of balancing or harmonious construction or double proportionality is to be applied to save the “precise interests” or core of both competing fundamental rights. To that end, the precise interests or core of the religion will necessarily have to be determined