Supreme Court Debates Whether Article 25 Protects Pre-Constitutional Religious Customs in Sabarimala Reference

During hearings in the Sabarimala reference matter, a nine-judge Constitution Bench of the Supreme Court discussed whether Article 25 of the Constitution protects pre-constitutional religious customs and usages.

Senior advocates opposing judicial interference argued that long-standing customs are preserved as “existing law” under Article 25(2).

While Chief Justice Surya Kant appeared inclined to consider this interpretation, Justices B.V. Nagarathna and M.M. Sundresh expressed doubts, observing that customs may not fall within the meaning of “existing law.”

The hearings also focused on the scope of judicial review, constitutional morality, and the balance between religious autonomy under Articles 25 and 26 and equality principles under the Constitution.

[Kantaru Rajeevaru v. Indian Young Lawyers Association]