BY TIOL News Service

NEW DELHI, FEB 10, 2020: A nine-strong Bench of the Supreme Court today referred for review, an order passed in respect of the on-going dispute over entry of women in the Sabarimala temple.

The following issues are framed for consideration by this Court: -

1. What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?

2. What is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26 of the Constitution of India?

3. Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?

4. What is the scope and extent of the word ‘morality' under Articles 25 and 26 of the Constitution of India and whether it is meant to include Constitutional morality?

5. What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution of India?

6. What is the meaning of expression “Sections of Hindus” occurring in Article 25 (2) (b) of the Constitution of India?

7. Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?

This would be the second time when a matter is being referred to a 13-member Bench of the Court, after the landmark verdict in Keshavananda Bharti Vs Union of India passed in 1973, where the Court had outlined the basic structure doctrine of the Constitution.