Justice Nagarathna initiates Sabarimala reference verdict, potentially reshaping religious freedom jurisprudence

Hindustan Times - India · 2 Oct 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Justice BV Nagarathna has begun drafting the Sabarimala reference verdict, which will address critical constitutional questions on religious freedom, judicial review, and the essential religious practices doctrine, with implications for GS2 Polity.

Key points

Justice BV Nagarathna is drafting the Sabarimala reference verdict as part of a nine-judge Constitution Bench, marking a pivotal moment in India's religious freedom jurisprudence.

The case revisits the 2018 Supreme Court judgment that allowed women of all ages to enter Sabarimala temple, examining broader constitutional questions under Articles 14, 25, and 26.

The reference will clarify the scope of judicial review in religious matters and the application of the essential religious practices doctrine in constitutional adjudication.

Justice Nagarathna's role is significant as she was the only woman on the bench and has previously delivered notable dissents in demonetization and mineral taxation cases.

[GS2-Governance] The verdict will test institutional competence in balancing religious autonomy with constitutional rights, a recurring theme in governance questions.

The judgment must be delivered before CJI Surya Kant's retirement in February 2027, adding temporal significance to the constitutional interpretation.

The case originated from a 4:1 majority in 2018 that struck down the temple's age restriction on women, with Justice Indu Malhotra dissenting on grounds of religious autonomy.

[GS4-Ethics] The proceedings raise ethical questions about judicial intervention in matters of faith versus protection of gender equality under constitutional morality.

Way Forward: The verdict should establish clear doctrinal tests for religious practices, harmonize Articles 25-26 with fundamental rights, and provide guidelines for lower courts in similar disputes to ensure consistent jurisprudence.

Key terms

Judicial Review of Religious Practices

The constitutional authority of courts to examine the validity of religious customs against fundamental rights and constitutional principles. This is a recurring theme in UPSC's GS2 questions on the judiciary's role in social reform.

Constitution Bench

A bench of five or more Supreme Court judges constituted to decide substantial questions of law regarding constitutional interpretation. UPSC often tests knowledge of landmark Constitution Bench judgments in Prelims and Mains.

Essential Religious Practices Doctrine

A judicial test developed by the Supreme Court to determine which religious practices are protected under Articles 25-26. It examines whether a practice is integral to a religion's belief system. For UPSC, this doctrine is crucial in GS2 Polity questions on secularism and religious freedom.

Articles 25-26 of the Constitution

Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion, while Article 26 protects the rights of religious denominations to manage their own affairs. These are fundamental rights subject to public order, morality and health restrictions, often tested in UPSC's polity questions.