SC to commence hearing on long-pending Sabarimala review today
New Delhi: As hearings begin on Tuesday, the Supreme Court has formally notified the constitution of a nine-judge Constitution Bench to take up the long-pending Sabarimala review matter.
As per the cause list published for Tuesday on the official website of the apex court, the bench headed by Chief Justice of India (CJI) Surya Kant will hear the reference arising out of review petitions filed against its September 2018 judgment permitting entry of women of all ages into the Lord Ayyappa temple at Sabarimala, along with connected issues that raise significant questions on religious freedoms.
The proceedings before the nine-judge bench, which also comprises Justices B.V. Nagarathna, M.M. Sundresh, Ahsanuddin Amanullah, Aravind Kumar, A.G. Masih, Prasanna B. Varale, R. Mahadevan, and Joymalya Bagchi, are scheduled to begin at 10:30 a.m. in the Chief Justice’s court at the Supreme Court.
Apart from the Sabarimala issue, the top court is also expected to examine broader constitutional questions relating to the scope of religious freedom under Article 25, including the entry of Muslim women into mosques and dargahs, the rights of Parsi women to access fire temples after interfaith marriage, the validity of excommunication practices, and the legality of female genital mutilation in the Dawoodi Bohra community.
Earlier, the CJI Surya Kant-led bench had fixed a detailed schedule for the hearing and clarified that the maintainability of the reference is conclusively settled. It also identified seven substantial questions of law for adjudication.
As per the schedule, arguments by parties supporting the review petitions will be heard from April 7 to April 9, followed by submissions from those opposing the review between April 14 and April 16.
Rejoinder submissions, if any, will be taken up on April 21, with final arguments by the amicus curiae expected to conclude on April 22.
The top court had directed all parties to file written submissions in advance and emphasised strict adherence to timelines, observing that Constitution Bench matters are of paramount importance.
In the run-up to the hearings, written submissions filed on behalf of the Travancore Devaswom Board have urged the apex court to adopt a “community-centric” understanding of religion, arguing that courts should refrain from reinterpreting faith-based practices and questioning the continued application of the “essential religious practices” doctrine.
Solicitor General Tushar Mehta, the Centre’s second-highest law officer, informed the apex court that the Union government supports the review petitions.