Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 12]

Khambata: This question will always have to be decided by the Court and n doing so, the Court may have to enquire whether the practice in question is religious in character and if it is, whether it can be regarded as an integral or essential part of the religion, and the finding of the Court on such an issue will always depend upon the evidence adduced before it as to the conscience of the community and the tenets of its religion.

Khambata: two areas which have always been subject matter of judicial review: there are competing points of view as to what a religion is- in my case that rise.

In Tilkayat case my lords held: “In cases where conflicting evidence is produced in respect of rival contentions as to competing religious practices the Court may not be able to resolve the dispute by a blind application of the formula that the community decides which practice is an integral part of its religion, because the community may speak with more than one voice and the formula would, therefore, break down. "

Khambata: arguments on judicial review:

if a practice or belief is proved undoubtely to be the belief, the judge is bound to accept. Shirur Mutt and Bijoe Emanual said that: court would certainly determine “whether the belief is genuinely and conscientiously held as part of the profession or practice of religion”

Senior Advocate Darius J Khambata to continue.