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February 20, 2020

Sabarimala Case: Supreme Court Says It Can Refer Questions of Law to a Larger Bench

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New Delhi: The Supreme Court on Monday held that its five-judge bench can refer questions of law to a larger bench while exercising its limited power under review jurisdiction in the Sabarimala case.

A bench headed by Chief Justice S.A. Bobde framed seven questions to be heard by a nine-judge Constitutional bench on issues relating to freedom of religion under the Constitution and faith.

The seven questions framed by the bench include those on scope and ambit of religious freedom and interplay between religious freedom and freedom of beliefs of religious denominations.

Also read: Sabrimala: SC Asks Senior Lawyers to Deliberate Upon Discrimination Against Women in Related Issues

The bench said its nine-judge bench will deal with the right to freedom of religion under Article 25 of the Constitution and its interplay with the right of various religious denominations.

It will also deal with the extent of judicial review with regard to religious practices and the meaning of “sections of Hindus” occurring in article 25 (2)(b) of the Constitution.

The Supreme Court will also deal with the power of a person, who does not belong to a particular religion or sect of a religion, to question the religious beliefs of that religion by filing a PIL.

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