Sabarimala Review Case: SC to Re-examine Essential Religious Practice Doctrine

Indian Express - Opinion · 1 Apr 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court will hear the Sabarimala review petition before a 9-judge Constitution Bench, revisiting the balance between religious freedom under Articles 25-26 and constitutional morality.

Key points

Constitution Bench: A 9-judge SC bench will hear Kantaru Rajeevaru v Indian Young Lawyers’ Association from April 7-22, examining the scope of religious freedom under Articles 25-26.

Essential Practices Doctrine: The Shirur Mutt case (1954) established that only 'essential religious practices' enjoy constitutional protection, while secular activities may be regulated by the state.

Articles 25-26 Conflict: Article 25 protects individual religious freedom while Article 26 safeguards denominational autonomy, creating tension when practices restrict access based on gender/caste.

Constitutional Morality: The 2018 Sabarimala judgment elevated this principle over traditional practices, holding that exclusion of menstruating women violated equality (Articles 14-15) and dignity (Article 21).

Denominational Rights: S P Mittal case (1983) set three tests for a religious denomination: common faith, organization, and name, but these rights are not absolute against other fundamental rights.

[GS2-Polity] This connects to federalism as states like Kerala must implement SC rulings on temple access while managing local religious sentiments.

Social Reform Intent: Article 25(2)(b) explicitly allows state intervention to open Hindu public temples to all sections, reflecting the Constitution's transformative vision against caste/gender exclusion.

[GS1-Society] The case reflects India's ongoing negotiation between religious tradition and constitutional values of equality, similar to debates on triple talaq and Parsi women's temple entry.

Way Forward: The Court should clarify 'essential practice' tests with anthropological evidence, establish gender-neutral religious reform committees, and mandate state facilitation of temple entry without police coercion.

Key terms

Essential Religious Practice

A judicial doctrine originating from the Shirur Mutt case (1954) where only practices integral to a religion's faith receive constitutional protection under Articles 25-26. For UPSC, this is crucial for analyzing state intervention in religious institutions and gender equality cases.

Constitutional Morality

A principle established in the Sabarimala judgment (2018) requiring all institutions, including religious ones, to conform to constitutional values of equality, liberty, and dignity. Relevant for GS2 questions on judicial review and fundamental rights enforcement.

Article 25(2)(b)

A constitutional provision allowing state laws to open Hindu public temples to all Hindu sections, designed to combat caste discrimination. Important for understanding social reform dimensions of India's secularism in GS2.

Religious Denomination

Defined in S P Mittal case (1983) as a religious group with distinct faith, organization, and name. Key for analyzing minority rights under Article 26 and conflicts with individual rights in polity questions.