Sabarimala: Supreme Court Frames 7 Questions Of Law To Larger Bench

The Supreme Court on Monday held that its five-judge bench can refer questions of law to a larger bench while exercising its limited power under review jurisdiction in the Sabarimala case. A bench headed by Chief Justice S A Bobde framed seven questions to be heard by a nine-judge Constitutional bench on issues relating to freedom of religion under the Constitution and faith.

The seven questions framed by the bench include those on scope and ambit of religious freedom, and interplay between religious freedom and freedom of beliefs of religious denominations.

Below are the seven questions framed by the Supreme Court:

What is the scope and ambit of religious freedom?

What is the interplay between religious freedom and freedom of beliefs of religious denominations?

Whether rights of religious denominations are subject to fundamental rights?

What is morality in the practice of religion?

What is the scope of judicial review in matters of religious freedom?

What is the meaning of "a section of Hindus" under Article 25(2)(b) of the Constitution?

Whether a person not belonging to a religious group can file a PIL challenging the practices of that group?

The bench said it's nine-judge bench will deal with the right to freedom of religion under Article 25 of the Constitution and it's interplay with the right of various religious denominations. It will also deal with the extent of judicial review with regard to religious practices and the meaning of "sections of Hindus" occurring in article 25 (2)(b) of the Constitution.

The Supreme Court will also deal with the power of a person, who does not belong to a particular religion or sect of a religion, to question the religious beliefs of that religion by filling a PIL.

Also Read: Sabarimala: Supreme Court To Frame Questions Relating To Women Discrimination In Religious Sites

It is worth mentioning here that the Supreme Court will start day to day hearing in the case from February 17, 2020. The nine-judge bench headed by Chief Justice S A Bobde will hear a batch of 60 petitions. The other judges on the bench are Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant.  

(With inputs from PTI & Live Law)

RELATED