All posts tagged: essential religious practices

Nine-judge SC bench reserves verdict in Sabarimala reference

Nine-judge SC bench reserves verdict in Sabarimala reference

A nine-judge bench of the Supreme Court on Thursday questioned the continued centrality of the “essential religious practices” (ERP) doctrine in adjudicating faith-based disputes, observing during the concluding hearing in the Sabarimala reference that the test could become “elitist” by privileging some religious practices over others. During the concluding hearing on Thursday, amicus curiae senior advocate K Parameshwar criticised the ERP doctrine for effectively ranking religious practices. (HT Photo) The observation came as the constitution bench, after 16 days of marathon hearings spread over several weeks, reserved judgment in the long-pending reference arising out of the 2018 Sabarimala verdict that had allowed entry of women of all ages into the hill shrine in Kerala. The proceedings before the bench led by Chief Justice of India (CJI) Surya Kant evolved into one of the widest constitutional debates on religious freedom in recent years, touching upon the scope of judicial review in matters of faith, the meaning of religious denominations, the balance between equality and autonomy, and the continued validity of the ERP doctrine. Apart from the …