Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench

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7 April 2026 10:54 AM IST

  • Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench
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    A 9-judge bench of the Supreme Court will start hearing the Constitutional issues referred to the larger bench in the Sabarimala review.

    Apart from CJI Surya Kant, the Bench comprises Justice BV Nagarathna, Justice MM Sundresh, Justice Ahsanuddin Amanullah, Justice Aravind Kumar, Justice Augustine George Masih, Justice Prasanna B Varale, Justice R Mahadevan and Justice Joymalya Bagchi.

    The seven questions before the Supreme Court are :

    (i) What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?

    (ii) What is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26 of the Constitution of India?

    (iii) Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?

    (iv) What is the scope and extent of the word 'morality' under Articles 25 and 26 of the Constitution of India and whether it is meant to include Constitutional morality?

    (v) What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution of India?

    (vi) What is the meaning of expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution of India?

    (vii) Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?

    Follow this page for live updates.

    Live Updates

    • 7 April 2026 3:03 PM IST

      SG: We may refer in this connection to a few American and Australian cases, all of which arose out of the activities of persons connected with the religious association known as "Jehova's Witnesses."

    • 7 April 2026 3:02 PM IST

      SG: What article 25(2)(a) contemplates is not regulation by the State of religious practices as such, the freedom of which is guaranteed by the Constitution except when they run counter to public order, health and morality, but regulation of activities which are economic, commercial or political in their character though they are associated with religious practices.

    • 7 April 2026 3:02 PM IST

      SG: If the tenets of any religious sect of the Hindus prescribe that offerings of food should be given to the idol at particular hours of the day, that periodical ceremonies should be performed in a certain way at certain periods of the year or that there should be daily recital of sacred texts or ablations to the sacred fire, all these would be regarded as parts of religion and the mere fact that they involve expenditure of money or employment of priests and servants or the use of marketable commodities would not make them secular activities partaking of a commercial or economic character; all of them are religious.

    • 7 April 2026 3:02 PM IST

      SG: The contention formulated in such broad terms cannot, we think, be supported. In the first place, what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.

    • 7 April 2026 3:02 PM IST

      SG: there can be a law for social reforms even if it interfers with religious beliefs.

      refers to attorney general's contention in shirur mutt- is that all secular activities, which may be associated with religion but do not really constitute an essential part of it, are amenable to State regulation.

    • 7 April 2026 2:57 PM IST

      J Nagarathna: the anushtanas can't be a subject matter of court's decision

    • 7 April 2026 2:57 PM IST

      SG: there is where dargah committee judgment goes wrong- integral part of religion and not the essential part.

    • 7 April 2026 2:49 PM IST

      SG: 26(b) as per shirur mutt is a standalone provision and can't be interfered with.

    • 7 April 2026 2:38 PM IST

      SG: see the composition of the bench because Ratilal Gandhi, which is two days later.

      In shirur mutt a direction was issued for creating a scheme under hindu endowement act and the act was also under challenged. two proceedings filed- one suit and another writ petition.

    • 7 April 2026 2:37 PM IST

      SG: refers to Shirur Mutt case: https://indiankanoon.org/doc/1430396/

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