Formally informing the constitution of a nine-judge bench to hear the long-standing review of the Sabarimala temple verdict, the Supreme Court of India has rekindled one of the biggest constitutional controversies on the issue of religious freedom and fundamental rights. The hearings will start on April 7 and are likely to go on until April 22.
Chief Justice of India Surya Kant will be the chair of the bench and will also consist of Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, A G Masih, R Mahadevan, Prasanna B Varale, and Joymalya Bagchi. This is a major move in re-examining the 2018 ruling permitting the entry of women of all ages into the Sabarimala Temple.
The case that had been pending almost six years was last substantively argued in February 2020. A three judge bench had previously delivered procedural orders, which made it clear that the Chief Justice would rule on the make-up of the larger bench. That being so, constitutional scrutiny is now in place.
The case is regarded as one of the most important ones in the recent history because it brings more global issues about the compromise between the religious activity and the rights of people. The court had previously decided that it could issue referrals to a larger bench on questions of law even in the presence of pending petitions to the court, which would not be blocked by any procedural issues in this hearing.
The Union government through Solicitor General Tushar Mehta has been in favor of the review petitions which has in effect opposed the free flow of women into the temple thereby creating a historic legal scrutiny.