Courts can't sit in judgement in matters of religious belief of denomination: TDB tells Supreme Court
A nine-judge Constitution Bench headed by Chief Justice Surya Kant was told by the TDB that the beliefs and practices of the community have to be judged by the subjective belief of the community and the court is bound to accept their belief
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Context
The has formally asserted before a nine-judge Constitution Bench of the that secular courts cannot sit in judgment over the subjective religious beliefs of a denomination. This ongoing high-profile hearing stems from the review petitions filed against the landmark 2018 Sabarimala temple entry verdict, which had originally allowed women of all ages to enter the shrine. The core legal debate revolves around drawing a definitive boundary between the judiciary's power of judicial review and a religious community's freedom of conscience.
UPSC Perspectives
Polity
The Indian Constitution provides a delicate but highly contested balance between individual and collective religious rights. [Article 25] guarantees the individual right to freely profess, practice, and propagate religion, subject to public order, morality, and health. Conversely, [Article 26] grants religious denominations the collective fundamental right to manage their own affairs in matters of religion. Historically, the has utilized the Essential Religious Practices (ERP) doctrine, which originated in the 1954 Shirur Mutt case, to determine which specific practices receive constitutional protection. The current argument by the board challenges this judicial doctrine entirely, suggesting that religion is fundamentally a subjective set of beliefs. They argue it is impermissible for secular courts to apply external rationality to determine what is "essential" to a faith. For UPSC aspirants, understanding the friction between individual rights (like the right to equality under Article 14) and denominational rights is a highly probable area for Mains GS Paper 2, specifically regarding judicial overreach versus judicial review.
Governance
The management of major Hindu temples in Kerala is handled by statutory autonomous bodies, representing a unique aspect of Indian secularism where the State actively manages religious institutions. The [Travancore Devaswom Board] was formally constituted under the [Travancore Cochin Hindu Religious Institutions Act] of 1950. As a statutory body, it administers over 1,200 temples across the region, including the highly revered Sabarimala shrine. This framework creates a fascinating governance paradox: a board created by secular state law and populated by government nominees is arguing for the absolute autonomy of religious denominations against judicial interference. The board's dual role as a state entity and a defender of religious orthodoxy forces us to re-examine the scope of state control over religious affairs. Aspirants should note how this contrasts with Western models of strict separation between Church and State, highlighting India's model of principled distance where the State can intervene in secular, financial, and administrative aspects of religious endowments while supposedly leaving spiritual matters to the community.
Social
A critical socio-legal question before the nine-judge bench is the extent to which the State and judiciary can enforce progressive social reform within deeply entrenched religious traditions. [Article 25(2)(b)] explicitly empowers the State to enact laws for social welfare and reform, specifically mentioning the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus. This provision was historically utilized to abolish untouchability and ensure temple entry for historically marginalized castes. However, orthodox denominations argue that pushing social reform too far—especially regarding gender norms or internal theological rituals—can completely erode the core identity and traditional practices of a religious community. They contend that a religion cannot be reformed out of its own existence by secular mandates. The court must now painstakingly balance constitutional morality, which demands egalitarianism, gender justice, and non-discrimination, with the preservation of diverse cultural and religious identities. In Mains exams, this ongoing debate perfectly serves as a case study for questions on whether the judiciary should act as the primary engine for social reform in matters of faith, or leave such evolution to the communities themselves.