Supreme Court Questions Expanding Review Of Religious Practices

Supreme Court Questions Expanding Review Of Religious Practices

Why in News ?

The Supreme Court, while hearing the Sabarimala review reference, expressed concern over growing judicial intervention in religious matters and debated the balance between religious autonomy, constitutional morality, and protection of fundamental rights. This debate on judicial review scope parallels ongoing discussions in environmental jurisprudence regarding state intervention.

Supreme Court’s Concerns On Religious Judicial Review:

• The Supreme Court observed that religion remains a core part of India’s civilisational identity and excessive court intervention may disturb this social balance.
• Justice BV Nagarathna stated that faith and religion are deeply intertwined with Indian society and courts must be cautious while reviewing religious practices.
• The bench questioned whether constitutional courts should examine every internal religious dispute, warning that this could trigger endless litigation.
• Justice MM Sundresh expressed concern that if all religious practices are challenged, every religion may face internal fragmentation.
• The court highlighted the need to determine:

○   Who can question a religious practice

○   Whether reforms should emerge internally

○   Extent of State and judicial intervention

Debate Over Excommunication And Religious Rights

• Senior Advocate Raju Ramachandran, appearing in matters linked to the Dawoodi Bohra community, questioned the power of religious heads to excommunicate members.
• He argued that excommunication violates the fundamental rights of individuals and cannot be protected solely as a religious practice.
• The court examined whether such powers are safeguarded under Article 26(b), which grants religious denominations autonomy in managing religious affairs.
• Ramachandran contended that religious freedom cannot override constitutional values and practices violating dignity or equality must be scrutinised.
• He emphasised that India is a civilisation governed by a Constitution, and practices contrary to constitutional morality cannot be accepted unquestioningly.