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Sabarimala Review Case: Centre’s Stand

Why in the News?

The Supreme Court nine-judge Bench began hearing review petitions in the Sabarimala case, and the Centre argued against strict definitions of religious denomination and essential religious practices.

Centre’s Argument

  • Hinduism is plural and diverse
  • No single:
    • Founder
    • Scripture
    • Authority
    • Uniform practices
  • Therefore:
    • Strict definitions may limit religious diversity
    • Courts should be cautious in deciding matters of faith

2018 Sabarimala Judgment (Background)

Supreme Court (5 judge bench) held:

  • Ayyappans not a separate religious denomination
  • Women aged 10–50 allowed entry
  • Ban not an essential religious practice
  • Exclusion based on menstruation violates equality

Key Constitutional Articles

  • Article 25: Freedom of religion
  • Article 26: Rights of religious denominations

Key Issue Before 9 Judge Bench

  • What is religious denomination
  • What qualifies as essential religious practice
  • Extent of judicial review in religious matters
[2020] Consider the following statements: 
1 The Constitution of India defines its ‘basic structure’ in terms of federalism, secularism, fundamental rights and democracy. 
2 The Constitution of India provides for ‘judicial review’ to safeguard the citizens’ liberties and to preserve the ideals on which the Constitution is based. 
Which of the statements given above is/are correct? 
(a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

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