Understanding Judicial Review in the Context of Religion: The Sabarimala Case
Judicial Review, Religion And Sabarimala: How Constitution Empowers Courts
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The Supreme Court of India is reviewing its power of judicial review in relation to religious practices, particularly focusing on the Sabarimala temple case, which restricts entry to menstruating women. This examination raises important questions about the balance between constitutional rights and religious customs.
- 01The Supreme Court's power of judicial review is constitutionally protected and cannot be overridden by Parliament.
- 02Judicial review allows courts to determine the constitutionality of laws and actions, ensuring they align with fundamental rights.
- 03The Essential Religious Practices (ERP) doctrine has evolved from its original purpose, complicating its application in individual rights cases.
- 04The Sabarimala case highlights the tension between religious customs and women's rights within the framework of constitutional law.
- 05All religious practices are subject to constitutional scrutiny under Article 25, which emphasizes public order and fundamental rights.
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The Supreme Court of India is currently examining the power of judicial review in relation to religious practices, particularly in the context of the Sabarimala temple case, which prohibits menstruating women from entering. This review stems from a 2018 ruling that struck down the ban, leading to a surge of petitions and the formation of a nine-judge bench. Judicial review, while not explicitly mentioned in the Constitution, is a fundamental mechanism that allows courts to assess the constitutionality of laws and executive actions. The Essential Religious Practices (ERP) doctrine, initially designed to protect legislative reforms, has shifted over time to encompass broader religious practices, complicating its application in cases involving individual rights. The court's current deliberations underscore the ongoing struggle to balance religious customs with constitutional rights, particularly for women seeking equality in religious spaces. The outcome of this review could have significant implications for the intersection of law and religion in India.
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The Supreme Court's decision could redefine women's rights in religious contexts and influence future cases involving gender discrimination in India.
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