Clearing the way for hearing a reference in the Sabarimala case on the larger question of discrimination against women at different religious places, a nine-judge Constitution Bench of the Supreme Court Monday said \u201cthis Court can refer questions of law to a larger bench in a Review Petition\u201d.<\/p>\n\n\n\n
The five-judge Bench pointed out that petitions seeking entry of women to mosques, challenging female genital mutilation among Dawoodi Bohras and practices in the Parsi community were still pending and these could be impacted by questions raised in the Sabarimala matter. It said the larger bench will have to evolve a judicial policy to do \u201csubstantial and complete justice\u201d in these matters.<\/p>\n\n\n\n
The Bench, comprising Chief Justice of India S A Bobde and Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant, turned down objections raised by Senior Advocate Fali S Nariman and some others that the court could not make such a reference in a pending review petition as the scope of review was extremely narrow.<\/p>\n\n\n\n
The Sabarimala reference to the nine-judge Bench followed the September 19, 2019 decision of a five-judge Bench, headed by then CJI Ranjan Gogoi, to keep review petitions, challenging its September 28, 2018 order that lifted age restrictions on the entry of women to the hill shrine in Kerala, pending till a larger bench took a call on certain questions arising from it.<\/p>\n\n\n\n
The nine-judge Bench, which a week ago clarified it won\u2019t be deciding the review petition but only lay down the general law to be followed, will examine the \u201cscope and ambit of right to freedom of religion under Article 25 of the Constitution\u201d and the \u201cinter-play between the rights of persons under Article 25\u2026 and rights of religious denomination under Article 26\u201d.<\/p>\n\n\n\n
The Bench will also answer \u201cwhat is the scope and extent of the word \u2018morality\u2019 under Articles 25 and 26\u2026 and whether it is meant to include Constitutional morality\u201d and \u201cwhat is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25\u201d.<\/p>\n\n\n\n
Besides, it will try to delineate the \u201cmeaning of expression \u201cSections of Hindus\u201d occurring in Article 25 (2) (b) of the Constitution\u201d and lay down \u201cwhether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"
Clearing the way for hearing a reference in the Sabarimala case on the larger question of discrimination against women at different religious places, a nine-judge Constitution Bench of the Supreme Court Monday said \u201cthis Court can refer questions of law to a larger bench in a Review Petition\u201d. The five-judge Bench pointed out that petitions […]<\/p>\n","protected":false},"author":1,"featured_media":79896,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"inline_featured_image":false,"footnotes":""},"categories":[312,315],"tags":[],"class_list":["post-79895","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-india","category-top-stories"],"_links":{"self":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/79895","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/comments?post=79895"}],"version-history":[{"count":1,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/79895\/revisions"}],"predecessor-version":[{"id":79897,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/posts\/79895\/revisions\/79897"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media\/79896"}],"wp:attachment":[{"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/media?parent=79895"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/categories?post=79895"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blastingskyhawk.com\/english\/wp-json\/wp\/v2\/tags?post=79895"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}