Supreme Court Balances Constitutional Morality with Religious Customs
Source:The Hindu ↗
Why It Matters
The Sabarimala case is a landmark issue in Indian constitutional jurisprudence. It directly engages with the conflict between individual fundamental rights (equality, non-discrimination) and group religious rights (denominational autonomy), as well as the overarching doctrine of 'Constitutional Morality'. This is a highly probable topic for Mains GS2 questions on constitutional rights and judicial interpretation.
Summary
The Supreme Court is hearing the review of the Sabarimala temple entry case, with a nine-judge Bench questioning whether believers must blindly follow age-old practices in the modern era. The Court is examining the exclusion of women of menstruating age through the lens of constitutional morality, untouchability, and the State's power to reform Hindu religious institutions under Article 25(2)(b). The case highlights the ongoing tension between the fundamental right to freedom of religion and the rights to equality and non-discrimination.
Key Points
- A nine-judge Supreme Court Bench is reviewing the Sabarimala case, examining the balance between age-old religious practices and modern constitutional values.
- The Bench questioned whether the exclusion of women of menstruating age from the temple amounts to social ostracisation or untouchability based on birth.
- Judges highlighted Article 25(2)(b) of the Constitution, which empowers the State to enact laws for social welfare and reform, including opening public Hindu religious institutions to all classes.
- The temple tantri's counsel argued that the deity is a 'Naishtika Brahmachari' (celibate) and a true believer's right to worship must respect the unique customs and characteristics of the deity.
Important Terms
Constitutional Morality
The judicial doctrine prioritizing core constitutional values like justice, equality, and dignity over prevailing social norms or religious customs to protect individual rights.
UPSC context
Crucial for GS Paper II (Polity/Judiciary). Tests understanding of how courts balance individual rights against societal morality.
Article 25(2)(b)
A constitutional provision empowering the State to enact social reforms and "throw open" Hindu religious institutions of a public character to all sections of Hindus.
UPSC context
Relevant for GS Paper II. Examines the State's power to intervene in religious practices for social justice.
Essential Religious Practices Doctrine
A legal test developed by the Supreme Court to identify rituals or practices integral to a religion, which then receive constitutional protection from State interference.
UPSC context
GS Paper II. Key for questions on secularism and the boundary between religion and State power.
Article 26 (Denominational Autonomy)
Guarantees religious denominations the right to manage their own affairs in religious matters, subject to public order, morality, and health.
UPSC context
GS Paper II. Focuses on collective religious rights vs. individual fundamental rights (Article 25).
Article 17 (Untouchability)
Abolishes "untouchability" in any form. In Sabarimala, the Court debated if excluding menstruating women constitutes a form of untouchability under this article.
UPSC context
GS Paper II. Tests the evolution of social justice laws beyond traditional caste-based discrimination.
Judicial Review
The power of the judiciary to examine the constitutionality of legislative acts and executive orders, ensuring they align with the Constitution's basic structure.
UPSC context
Core GS Paper II topic. Tests knowledge of the judiciary's role as the "guardian" of the Constitution.
Prelims Trap
"Article 25(2)(b) empowers the State to open public religious institutions of all religions to all classes."
Article 25(2)(b) explicitly authorizes the State to throw open *Hindu* religious institutions of a public character to all classes of Hindus. It does not cover all religions.
Static Concepts Connected
What is the 'Essential Religious Practices' doctrine?
- Origin: Propounded by the Supreme Court in the 1954 Shirur Mutt case.
- Core Principle: Only practices considered integral and fundamental to a religion are protected under Article 25. Supervisory or secular functions are not protected.
- Judicial Test: The judiciary holds the authority to decide whether a specific ritual or practice is 'essential', often prioritizing constitutional morality over orthodoxy.
How does 'Constitutional Morality' function in judicial review?
- Beyond Text: It goes beyond the literal text to uphold foundational constitutional values like liberty, equality, fraternity, and individual dignity.
- Ambedkar's Vision: Dr. B.R. Ambedkar emphasized it as a necessary habit to prevent democracy from being subverted by majoritarian or traditional prejudices.
- Conflict Resolution: It acts as the primary guiding principle when individual fundamental rights clash with collective religious rights or societal traditions.
Cross-Topic Patterns
UCC vs. Essential Religious Practices
The debate on state intervention in religious customs under Article 25(2) mirrors the fundamental arguments surrounding the Uniform Civil Code (UCC) and reform of customary personal laws.
Redefining Article 17 (Untouchability)
Questioning if menstrual exclusion amounts to 'untouchability' under Article 17 expands the provision beyond its historical caste-based roots to encompass gender-based biological discrimination.
Expect a Prelims question testing the specific exception in Art 25(2)(b) and whether Art 17 applies to gender-based biological exclusion.
Linked PYQs · 3
Linked PYQs · 3
- 2021MainsGS2
‘Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions.
- 2024MainsGS2
Discuss India as a secular state and compare with the secular principles of the US constitution.
- 2020PrelimsGS1
Consider the following statements: 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct?
