Supreme Court nine-judge bench examines judicial scrutiny limits of religious practices under Article 25

This reference emerged from the Sabarimala review petitions, where the court decided to settle larger constitutional questions regarding the 'Essential Religious Practices' doctrine. On the fifth day of the hearing, the bench questioned the limits of judicial intervention in faith-based traditions. The primary conflict resides in balancing 'Constitutional Morality' with the autonomy of religious institutions to manage their internal affairs under Article 26.

Key Constitutional Articles Under Review:
• Article 25: Guarantees freedom of conscience and free profession, practice, and propagation of religion, subject to public order, morality, and health.
• Article 26: Grants religious denominations the right to manage their own affairs in matters of religion.
• Article 14: The principle of equality, which often conflicts with exclusionary religious traditions.

The outcome of this case will set a definitive precedent for how Indian courts handle conflicts between fundamental rights and religious customs. It addresses whether a secular judge can define what is 'essential' to a religion. This has direct implications for various pending matters, including the entry of women into mosques and the practice of Female Genital Mutilation (FGM) in specific communities.

• Judicial Inquiry: The bench is assessing if 'public order, morality, and health' in Article 25(1) are the only grounds to restrict religious practice.
• Denominational Rights: The court is defining what constitutes a 'religious denomination' for the purpose of Article 26.
• Historical Context: This bench was constituted following the split 3:2 verdict in the 2018 Sabarimala case.

Glossary

Term: Constitutional Morality: The adherence to the core principles of the Constitution, such as liberty and equality, over traditional social or religious norms.

Term: Essential Religious Practices: A legal doctrine used by Indian courts to determine which religious practices are central to a faith and protected under the Constitution.