[ By Bobby Anthony ]The Supreme Court has named a nine-member bench to examine matters related to the entry of women into the Sabarimala temple in Kerala.The bench will comprise Chief Justice of India S A Bobde, Justice R Banumathi, Justice Ashok Bhushan, Justice L N Rao, Justice M M Shantanagoudar, Justice S A Nazeer, Justice R S Reddy, Justice B R Gavai and Justice Surya Kant.Incidentally,...
The Supreme Court has named a nine-member bench to examine matters related to the entry of women into the Sabarimala temple in Kerala.
The bench will comprise Chief Justice of India S A Bobde, Justice R Banumathi, Justice Ashok Bhushan, Justice L N Rao, Justice M M Shantanagoudar, Justice S A Nazeer, Justice R S Reddy, Justice B R Gavai and Justice Surya Kant.
Incidentally, none of the three Supreme Court judges who had expressed dissented at various points during the Sabarimala litigation are part of the newly constituted nine-judge SC Constitution Bench, which will hear more than 60 petitions challenging the entry of women of menstruating age into the temple in Kerala, from January 13.
Justice Indu Malhotra, Justice A M Khanwilkar, Justice Rohinton Nariman and Justice D Y Chandrachud are not part of the newly constituted nine-judge Constitution Bench.
The newly constituted Constitution Bench is likely to examine several matters related to the verdict and petitions, including the interplay between freedom of religion granted under Article 25 and Article 26 of the Constitution besides other provisions, especially in Article 14, which grant right to equality before the law as well as equal protection of the laws.
Article 25(1) makes freedom of religion subject to “public order, morality and health”, and the top court is likely to examine the extent to which it applies. The court may also examine the meaning of “section of Hindus”, which is mentioned in Article 25(2)(b), reported the website. Incidentally, the sub-section throws open “Hindu religious institutions of a public character to all classes and sections of Hindus”.
The Supreme Court may also examine whether the “essential religious practices” of a religious denomination, or section, can be provided constitutional protection under Article 26.
In December 2019, two women, Bindu Ammini and Rehana Fathima, had moved the Supreme Court seeking a direction to the Kerala government to ensure police protection for women trying to enter Sabarimala.
However, the Supreme Court stated that the matter was “very emotive” and declined to pass any order on their pleas. Chief Justice of India SA Bobde said that he would set up a much larger bench to reconsider the original 2018 judgment.
Earlier, the Supreme Court had announced that a nine-judge bench would hear matters related to the pleas against its 2018 Sabarimala judgment from January 13.
On September 28, 2018, a five-judge Constitution Bench, which included former Chief Justice Dipak Misra, had allowed women of all ages to enter the Ayyappa temple, leading to massive protests.
On November 14, 2019, a five-judge Constitution Bench had ruled that a larger bench should reconsider the matter.