Sabarimala Reference : New Issues Framed By 9-Judge Bench On Religious Practices & Fundamental Rights
4 years, 11 months ago

Sabarimala Reference : New Issues Framed By 9-Judge Bench On Religious Practices & Fundamental Rights

Live Law  

The 9-judge bench constituted by the Supreme Court to consider the issues mentioned in the Sabarimala review order has framed seven new issues for consideration.The following are those issues :1. The 9-judge bench constituted by the Supreme Court to consider the issues mentioned in the Sabarimala review order has framed seven new issues for consideration. Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health? On November 14, a 5-judge bench headed by the then CJI Ranjan Gogoi observed by 3:2 majority that certain issues in the Sabarimala review were common to the pending cases concerning women entry in Mosques, validity of the practice of Female Genital Mutilation among Dawoodi Bohra community and the right of Parsi women who had married outside community to enter Fire Temples.

India Religious Constitution Religious Practices Order Review Sabarimala Bench Article Cji Issues Religious Practice Morality Denomination Religious Group  sabarimala  denomination  fundamental  religious  morality  article  rights  issues  bench  reference  order  9judge  review  practices  25  framed  constitution

History of this topic

Push for Uniform Civil Code turns spotlight on Supreme Court’s query on religious freedom
1 year, 6 months ago

Push for Uniform Civil Code turns spotlight on Supreme Court’s query on religious freedom

The Hindu  

The renewed push for a Uniform Civil Code, which many communities perceive as an encroachment into their personal laws and religious rights, is underway even as a nine-judge Bench of the Supreme Court is yet to decide the “ambit and scope” of religious freedom itself. “In the absence of any consensus on a uniform civil code, the Commission felt that …

5 arguments made by J Sai Deepak in Sabarimala priest appointment case
1 year, 9 months ago

5 arguments made by J Sai Deepak in Sabarimala priest appointment case

Op India  

On February 25 this year, advocate J Sai Deepak argued before the Kerala High Court about the need to protect the traditions of the Sabarimala temple and not entertain external intervention in its affairs including the appointment of priests. Swamiye Saranam Ayyappa- https://t.co/DZzzQLgfyh pic.twitter.com/dRDpv3wdzO — Sai Deepak J March 12, 2023 While emphasising that the petitions challenging the Travancore Dewaswom …

Ahead of assembly polls, Sabarimala issue back on radar in Kerala
3 years, 10 months ago

Ahead of assembly polls, Sabarimala issue back on radar in Kerala

Hindustan Times  

With assembly elections just two months away political parties in Kerala are in a race to rake up the emotional Sabarimala Temple issue yet again but a majority of youngsters who participated in the agitation feel let down. Kerala had witnessed large-scale violence and five shutdowns in 2018 after the Supreme Court verdict that allowed women of all ages to …

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]
4 years, 7 months ago

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order]

Live Law  

The Supreme Court has passed an order detailing the reasons for holding that it can refer questions of law to a larger bench in a review petition. Therefore, the limitations in Order XLVII, Rule 1 do not apply to review petitions filed against judgments or orders passed in Writ Petitions filed under Article 32 of the Constitution of India. It …

Sabarimala Temple: SC commences hearing to deliberate on issues relating to scope of freedom of religion
4 years, 10 months ago

Sabarimala Temple: SC commences hearing to deliberate on issues relating to scope of freedom of religion

India TV News  

A nine-judge bench of the Supreme Court on Monday commenced hearing to deliberate upon issues relating to the scope of freedom of religion and whether a person who does not belong to a particular faith can file a PIL questioning the religious practice of another religion. The Constitution bench headed by Chief Justice S A Bobde has framed seven legal …

[Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court
4 years, 10 months ago

[Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court

Live Law  

The 9-judge bench constituted by the Supreme Court headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review order.The Bench has framed the following questions for hearing 1. The 9-judge bench constituted by the Supreme Court headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review …

[Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court
4 years, 10 months ago

[Sabarimala Reference]Nine-Judge Bench Hearing- Live-Updates From Supreme Court

Live Law  

The 9-judge bench constituted by the Supreme Court headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review order.The Bench has framed the following questions for hearing 1. The 9-judge bench constituted by the Supreme Court headed by Chief Justice SA Bobde has commenced hearing on the issues mentioned in the Sabarimala review …

Sabarimala related cases in Supreme Court from February 17
4 years, 10 months ago

Sabarimala related cases in Supreme Court from February 17

Deccan Chronicle  

New Delhi: The Supreme Court will commence from February 17 the hearing on issues relating to gender justice vis-a-vis essential religious practices. It held on Monday that a five-judge bench, in a limited review jurisdiction, could refer to a larger bench the question of law germane to the issue before the court. Upholding the November 14, 2019 reference order by …

Sabarimala case: Supreme Court upholds referring religious questions to larger Bench, frames 7 questions of law
4 years, 11 months ago

Sabarimala case: Supreme Court upholds referring religious questions to larger Bench, frames 7 questions of law

The Hindu  

A nine-judge Constitution Bench of the Supreme Court on Monday upheld the decision of the Sabarimala Review Bench to refer to a larger Bench questions on the ambit and scope of religious freedom practised by multiple faiths across the country. The nine-judge Bench, led by Chief Justice of India S.A. Bobde, said a Bench engaged in the review of a …

Sabarimala case: SC says it can refer questions of law to larger bench
4 years, 11 months ago

Sabarimala case: SC says it can refer questions of law to larger bench

India Today  

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 SA Bobde framed seven questions to be heard by a nine-judge Constitutional bench on issues relating to freedom of religion under the Constitution …

Right Vs faith: Supreme Court to frame questions
4 years, 11 months ago

Right Vs faith: Supreme Court to frame questions

Deccan Chronicle  

New Delhi: The Supreme Court on Monday said that it would frame the questions to adjudicate the conflict between the religious practices and beliefs, discriminatory to women, sought to be shielded under Article 25 and 26 of the Constitution and the right to equality under Article 14 of the Constitution. While senior counsel Fali Nariman, Kapil Sibal, Rajeev Dhavan, Shyan …

SC says not discussing women's entry into Sabarimala; top court to frame larger questions on religious discrimination against women by 6 Feb
4 years, 11 months ago

SC says not discussing women's entry into Sabarimala; top court to frame larger questions on religious discrimination against women by 6 Feb

Firstpost  

The Supreme Court said it will frame legal questions to be adjudicated by a nine-judge bench on religious discrimination against women at various religious places, which have arisen out of the Sabarimala case New Delhi: The Supreme Court on Monday said it will frame legal questions to be adjudicated by a nine-judge bench on religious discrimination against women at various …

Sabarimala Reference : SG Urges SC To Consider Re-Framing The Issues As Lawyers Could Not Reach Consensus
4 years, 11 months ago

Sabarimala Reference : SG Urges SC To Consider Re-Framing The Issues As Lawyers Could Not Reach Consensus

Live Law  

Solicitor General Tushar Mehta on Monday told the CJI-led bench that the lawyers could not reach a consensus on the framing of issues to be considered by the 9-bench judges on the larger questions of faith and fundamental rights referred in the Sabarimala review case.The SG urged the bench to consider re-framing the issues, and handed over a draft containing …

Theological thicket: On SC's hearing in Sabarimala temple case
4 years, 11 months ago

Theological thicket: On SC's hearing in Sabarimala temple case

The Hindu  

The opening hearing before a nine-judge Supreme Court Bench, constituted to give an authoritative pronouncement on the nature of religious freedom under the Constitution, has revealed the conceptual confusion over the reference made to it. Instead, it would limit itself to “larger questions” such as the interplay between freedom of religion and other fundamental rights; and the extent to which …

Supreme Court not to review Sabarimala case, to examine ‘larger issues’
4 years, 11 months ago

Supreme Court not to review Sabarimala case, to examine ‘larger issues’

The Hindu  

A nine-judge Bench led by Chief Justice of India Sharad A. Bobde on Monday said its objective was not to review the Sabarimala women entry case but examine “larger issues” of law like the prohibition of women from entering mosques and temples to genital mutilation among Dawoodi Bohras and the banning of Parsi women who married inter-faith from entering the …

Nine-judge SC bench to hear issue of allowing entry of women of all age groups into Sabarimala from today
4 years, 11 months ago

Nine-judge SC bench to hear issue of allowing entry of women of all age groups into Sabarimala from today

Firstpost  

The top court on Monday issued a notice informing listing of petition filed by Indian Young Lawyers Association seeking review of its historic 2018 judgment allowing women and girls of all ages to enter Sabarimala temple New Delhi: A nine-judge constitution bench of Supreme Court will hear from 13 January, the issue of allowing women and girls of all ages …

Review and reference: On Sabarimala review pleas
5 years, 1 month ago

Review and reference: On Sabarimala review pleas

The Hindu  

Ordinarily, a reference to a seven-judge Bench for an authoritative pronouncement on the entire gamut of issues arising from Article 25 and 26 of the Constitution, which protect the religious freedoms of individuals and denominations, would have been welcome. However, the order of a Constitution Bench in making such a reference, while delivering the verdict on petitions seeking review of …

Sabarimala row: Justice Indu Malhotra's fear that permitting PILs in religious matters would open floodgates 'unfounded', says SC minority judgment
5 years, 1 month ago

Sabarimala row: Justice Indu Malhotra's fear that permitting PILs in religious matters would open floodgates 'unfounded', says SC minority judgment

Firstpost  

Justice RF Nariman, who wrote the minority judgment on behalf of himself and Justice DY Chandrachud, on Thursday’s verdict on Sabarimala review petitions said that the fear expressed by Justice Malhotra in the 2018 verdict that permitting PILs in religious matters would open floodgates to interlopers is unfounded New Delhi: The minority verdict of the Supreme Court in Sabarimala Temple …

Sabarimala verdict opens new avenues for protection of customs, say lawyers for review petitioners
5 years, 1 month ago

Sabarimala verdict opens new avenues for protection of customs, say lawyers for review petitioners

India TV News  

Lawyers who appeared on behalf of review petitioners in the Sabarimala case have called the Supreme Court's decision on Thursday to refer the matter to a larger bench as "absolutely right" and said it would open new avenues for the litigants who argued for protection and preservation of customs. In a 3:2 majority verdict, the apex court referred to a …

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]
5 years, 1 month ago

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]

Live Law  

While referring the Sabarimala case to larger bench, the majority judges observed that the matters involving the interpretation of the provisions of the Constitution touching upon the right to profess, practise and propagate its own religion,should be heard by a larger bench, for an authoritative pronouncement in these matters. The order further said: The decision of the Seven Judges bench …

Full text of Sabarimala review verdict: Supreme Court refers matter to 7-judge bench after a split 3:2 verdict
5 years, 1 month ago

Full text of Sabarimala review verdict: Supreme Court refers matter to 7-judge bench after a split 3:2 verdict

Firstpost  

The Supreme Court ruled on Thursday that restrictions on women in religious places were not limited to Sabarimala alone and prevailed in other places of worship as well as it referred all review pleas to a larger seven-judge bench following a split 3:2 verdict The Supreme Court ruled on Thursday that restrictions on women in religious places were not limited …

Sabarimala verdict: SC refers matter to 7-judge bench in 3:2 split verdict, says ruling may impact other communities, religious practices
5 years, 1 month ago

Sabarimala verdict: SC refers matter to 7-judge bench in 3:2 split verdict, says ruling may impact other communities, religious practices

Firstpost  

Supreme Court on Thursday said restrictions on women in religious places were not limited to Sabarimala alone and was prevalent in other places of worship as well as it referred all review pleas to a larger seven-judge bench in a split 3:2 verdict. “Compliance with the Supreme Court judgments is not optional, hold Justices Chandrachud and Rohinton Nariman.” The apex …

Sabarimala case sent to a 7-Judge Supreme Court bench, two judges dissent
5 years, 1 month ago

Sabarimala case sent to a 7-Judge Supreme Court bench, two judges dissent

India TV News  

The Supreme Court of India has sent the review petition pertaining to essential religious practices in the Sabarimala and other places to a 7-Judge Bench. A five-judge constitution bench of Supreme Court by 3-2 majority referred to 7-judge bench to consider the Supreme Court's earlier decision of quashing the custom barring entry of women of 10-50 age group into Sabarimala …

Review of Sabarimala verdict: Five-judge constitution bench of SC set to pronounce judgment on women's entry today; Kerala on edge
5 years, 1 month ago

Review of Sabarimala verdict: Five-judge constitution bench of SC set to pronounce judgment on women's entry today; Kerala on edge

Firstpost  

A five-judge constitution bench headed by Chief Justice Ranjan Gogoi had reserved its decision on 6 February after hearing various parties including those seeking reconsideration of the 28 September, 2018 judgement. The apex court, by a majority verdict of 4:1, on 28 September, 2018, had lifted the ban that prevented women and girls between the age of 10 and 50 …

Sabarimala row: Kerala govt opposes pleas seeking review of SC verdict allowing entry of women of all ages into shrine
5 years, 11 months ago

Sabarimala row: Kerala govt opposes pleas seeking review of SC verdict allowing entry of women of all ages into shrine

India TV News  

The Kerala government on Wednesday vehemently opposed a batch of petitions seeking review of the Supreme Court verdict allowing the entry of women of all ages into the Sabarimala shrine. Senior advocate Jaideep Gupta appearing for the Kerala government told the bench also comprising justices R F Nariman, A M Khanwilkar, D Y Chandrachud and Indu Malhotra that there was …

Sabarimala case: Centre says SC ‘custodian of fundamental rights’, can constitute larger bench to settle question of gender discrimination at religious places
5 years, 11 months ago

Sabarimala case: Centre says SC ‘custodian of fundamental rights’, can constitute larger bench to settle question of gender discrimination at religious places

Firstpost  

Sabarimala case: A nine-judge Constitution bench of the Supreme Court began deliberations on the legal issue of whether the top court can refer questions of law to a larger bench while exercising its review jurisdiction New Delhi: A nine-judge Constitution bench of the Supreme Court Thursday began deliberations on the legal issue of whether the top court can refer questions …

Discover Related