Supreme Court Challenges Centre's Stance on Religious Practices and Judicial Review
Supreme Court pushes back against Centre's 'faith' argument: ‘Can’t be completely denuded'
hindustantimes
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The Supreme Court of India has pushed back against the Union government's argument that courts should not judge religious practices as superstitious. During the Sabarimala case hearing, the court emphasized its jurisdiction in matters that violate constitutional guarantees, asserting that public order and morality must be considered.
- 01The Supreme Court asserts its jurisdiction over religious practices that violate constitutional rights.
- 02The Union government's argument against judicial review of religious practices was met with skepticism from the court.
- 03Judicial review is necessary for practices that shock the conscience of the court.
- 04The court emphasized the need to balance faith and constitutional scrutiny.
- 05Debate continues over the interpretation of 'morality' in relation to religious practices.
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During the ongoing hearing of the Sabarimala case, the Supreme Court of India, led by Chief Justice Surya Kant, challenged the Union government's argument that courts should refrain from judging religious practices as superstitious. The nine-judge bench highlighted that while courts should exercise restraint in matters of faith, they cannot be entirely stripped of jurisdiction when practices egregiously violate constitutional rights. The court noted that if a practice shocks the conscience, it can be deemed contrary to public order or morality without further adjudication. Solicitor General Tushar Mehta argued that judges are not experts in religion and should avoid labeling practices as irrational, warning against judicial overreach. However, the bench, including Justices BV Nagarathna and MM Sundresh, countered that courts must retain the authority to examine practices for superstition, even if legislative reform is needed. The court also engaged in a broader discussion on the meaning of 'morality' under Articles 25 and 26, with differing views on whether it should be defined as societal or constitutional morality. The hearing will continue as the court seeks to clarify the scope of judicial review over religious practices and the essential religious practices doctrine.
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The Supreme Court's decision could reshape the legal landscape regarding religious practices in India, affecting how such practices are viewed in relation to constitutional rights.
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