SC Bench: Social Ills Cannot Be Branded as ‘Essential Religious Practices’

Why in News

• A nine-judge Constitution Bench headed by CJI Surya Kant began hearing the review of the 2018 Sabarimala judgment.
• Justice B.V. Nagarathna observed that “social evils” cannot be passed off as essential religious practices.
• The Union government argued that the legislature, not courts, should drive religious reforms.
• The hearing aims to evolve a “judicial policy” for courts dealing with Article 25 (Religious Freedom) and Article 26 (Denominational Rights).

Impact

• Economic: [NOT RELEVANT]
• Social: Direct challenge to traditional practices like the exclusion of women based on the Naishtika Brahmachari nature of the deity.
• Policy: Potential redefinition of the “Essential Religious Practices” doctrine used by Indian courts since 1954.
• Ecological: [NOT RELEVANT]

GS Paper Focus

GS-2 — Governance: Judiciary, Separation of Powers, and Fundamental Rights (Articles 25-28). POLICIES & SCHEMES: 1. Article 25 (Freedom of conscience and right to profess religion). 2. Article 26 (Freedom to manage religious affairs). 3. Article 17 (Untouchability — cited by Justice Nagarathna regarding menstruation). FURTHER READING: * Solicitor-General Tushar Mehta’s submissions. * 2018 Sabarimala judgment (4:1 majority). CLUSTER CONNECTION: [NOT A PRIMARY CLUSTER] — Judicial balancing of individual dignity vs. collective faith. SYSTEM-LEVEL INSIGHT: The Sabarimala review highlights the “Theological-Judicial Conflict.” While the government argues that courts lack the expertise to interpret religious texts, the judiciary asserts its role as the “expert of experts” to ensure that religious autonomy does not violate basic human rights or constitutional morality.

Interview Angle

“Should the ‘Essential Religious Practices’ test be discarded in favor of a ‘Constitutional Morality’ test for religious reforms? Discuss the judicial challenges involved.” ENGLISH VOCABULARY & PHRASES: 1. Ecclesiastical — relating to the Christian Church or its clergy (applied generally to religious law) — Advanced 2. Denominational rights — rights belonging to a specific group or sect — Intermediate 3. Plenary powers — absolute or unqualified authority — Advanced 4. Naishtika Brahmachari — a life-long celibate deity — Intermediate 5. Social ills — problems or harmful behaviors in society — Basic ________________ ==================== ARTICLE 5 ==================== TOPIC: Parliamentary Reforms / Women’s Reservation EN_BLOCK