[Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court

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17 Feb 2020 5:07 AM GMT

  • [Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court

    The 9-judge bench constituted by the Supreme Court headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review order.The Bench has framed the following questions for hearing 1. What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?2. What is the inter-play between the rights of persons under...

    The 9-judge bench constituted by the Supreme Court  headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review order.

    The Bench has framed the following questions for hearing 

    1. What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?

    2. 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?

    3. 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?

    4. 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?

    5. 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?

    6. What is the meaning of expression "Sections of Hindus" occurring in Article 25 (2) (b) of the Constitution of India?

    7. 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?

    Live Updates

    • 17 Feb 2020 6:00 AM GMT

      While reading out the judgement, SG says that it is not right to reduce religion to merely a doctrine. “It’s a set of beliefs that is followed with the aid of rituals.”

    • 17 Feb 2020 5:48 AM GMT

      SG is now reading out the Auroville Society judgement about the religious denomination formed by the followers of Ramanujan and Madhavacharya.

      “Where is the line to be drawn regarding what are the matters of religion and what are not ? Till this date, this question has not be answered.”

      “Your Lordships will have to ultimately declare a statement of law about whether the decision made to restrict the scope of ‘religious denomination’ in the Auroville 7 judge Bench case is to be upheld or not.”

    • 17 Feb 2020 5:45 AM GMT

      “Defining ‘denomination’ would be the most crucial information during the course of this hearing.” SG emphasises on the bearing that the word ‘denomination’ would have on the consequent judgement. He reads out the Oxford dictionary definition and how it must be treated as a sacrosanct definition.

    • 17 Feb 2020 5:41 AM GMT

      SG asserts that “Religious practices may take colour from the Preamble of the Constitution as well as the Charter. Your Lordships are setting the law and have the liberty to decide the same.”

    • 17 Feb 2020 5:38 AM GMT

      He states that there are two striking features in all the judgements:

      1. The effective parties are present.

      2. Challenge to a specific legislation.

    • 17 Feb 2020 5:37 AM GMT

      “The right to enter a temple is not a restricted or regulated right.” SG continues with the submission and iterates the judgements that he is putting before the Bench. One judgement is Narahari Shastriya, and the second is Saraswati Ammal. SG says that these judgments might not help, but they’re important for the sake of arguments.

    • 17 Feb 2020 5:36 AM GMT

      SG continues with his arguments. He says that Art. 25 is subject to Part 3. He relies on a judgement to show that every fundamental right is not an island; every right applies to everything.

    • 17 Feb 2020 5:35 AM GMT

      “This is a very enlightening discussion in the Constituent Assembly debates. There can be a law for the purpose of regulating or for providing for social welfare and reform.”

    • 17 Feb 2020 5:35 AM GMT

      SG says that he will read Article 25, 26. “Subject to public order, morality and health...”.

      He says that these are the restrictions that are applied on Art. 25 along with whatever is stipulated in Part 3, I.e. the Fundamental Rights.

    • 17 Feb 2020 5:27 AM GMT

      CJI then directs SG Tushar Mehta to start the arguments.

      SG explains the chronology of his submissions; the brief facts and the judgements.

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