Secular Courts Cannot Label Religious Practices as "Superstition": Centre to Supreme Court

The Central government has told a nine-judge Supreme Court bench that secular courts should not determine if religious practices are "superstitions," arguing this power belongs to the legislature.

Solicitor General Tushar Mehta asserted that courts lack the expertise to judge religious tenets and that Hinduism’s vast plurality makes defining "essential" practices difficult.

However, the Bench pushed back, stating that the judiciary can intervene if a practice violates "public order, morality, or health."

The judges noted that while they respect religious expertise, the Court’s duty is to ensure practices do not shock the "judicial conscience" or infringe upon fundamental constitutional values.