Centre Advocates Legislative Reform Over Judicial Intervention in Sabarimala Case
Sabarimala Reference: ‘Constitution entrusts religious reform to legislature not courts’
The Indian Express
Image: The Indian Express
The Indian government argued before the Supreme Court that religious reforms should be legislated rather than judicially mandated, emphasizing the Constitution's intent to empower the legislature. This comes in the context of ongoing debates about women's entry into the Sabarimala temple in Kerala, following a 2018 ruling that struck down entry restrictions.
- 01The Centre argues that the Constitution mandates religious reform through the legislature, not the courts.
- 02Solicitor General Tushar Mehta emphasized potential judicial overreach in reforming religious practices.
- 03The Supreme Court is reviewing a 2018 ruling regarding women's entry into Sabarimala temple.
- 04Justice Amanullah raised concerns about majoritarianism in legislative reforms.
- 05CJI Surya Kant highlighted the protection of diverse religious practices under Article 25.
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During a Supreme Court hearing on the Sabarimala temple case, the Indian government contended that the Constitution entrusts religious reform to the legislature rather than the judiciary. Solicitor General Tushar Mehta argued that allowing courts to reform religious practices could lead to unchecked judicial interference in the internal affairs of various faiths. This assertion was made in response to petitions challenging the Supreme Court's 2018 ruling that allowed women of all ages to enter the Sabarimala temple in Kerala. Mehta referenced Article 25(2)(b) of the Constitution, which he claimed underscores the need for reforms to originate from a legislative body that reflects public consensus. Justice Amanullah expressed concerns about the implications of relying solely on the legislature, suggesting it could lead to majoritarianism. Chief Justice Surya Kant and other justices emphasized the importance of protecting both majority and minority religious practices under constitutional provisions, indicating that the court's role is to ensure that legislative actions align with constitutional principles.
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The outcome of this case could significantly affect the rights of women regarding access to religious sites in India, influencing broader discussions on gender equality and religious freedoms.
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