A nine-judge Constitution Bench, led by Chief Justice of India Surya Kant, is currently hearing the Sabarimala review reference. The Bench discussed the challenge of declaring the beliefs of millions as incorrect. Senior advocate Abhishek Manu Singhvi, representing the Travancore Devaswom Board, argued against the “essential religious practices” doctrine.
The Chief Justice remarked on the difficulty of questioning the beliefs of a large population. The court debated whether non-believers’ public interest litigations should interfere with religious matters. Justice BV Nagarathna cautioned against excessive judicial involvement in religious affairs, emphasizing the importance of preserving religious integrity.
Singhvi urged the court to abandon the essential religious practices test, stating that it allows judges to define religious cores. He emphasized that religious beliefs should be evaluated from the community’s perspective, not by external standards. Singhvi also highlighted the need for constitutional protection of religious practices, with exceptions for public order, morality, and fundamental rights.
