The Supreme Court has referred to a larger Bench the issue of interplay between the freedom of religion and other fundamental rights.
Court held that the issues arising in relation to entry of Muslim women in a dargah/mosque; to Parsi women married to non-Parsis and their entry into a fire temple; and issues relating to female genital mutilation in the Dawoodi Bohra community, may be overlapping and covered by Sabrimala Judgment.
Jus R.F. Nariman and Jus D.Y. Chandrachud gave a strong dissenting opinion.
The judges opined that most of the arguments raised in the review petitions were already argued during the hearing of the writ petitions and were dealt in Indian Young Lawyers Association and Ors. Vs State of Kerala , which was delivered on 28 September, 2018.The SC ended a ban that prevented women of menstrual age from entering the Sabrimala Temple in Kerala’
On 10. 02 2020 SC held that after hearing the parties at length that this Court can refer questions of law to a larger bench in a Review Petition. The issues to be discussed by larger 9 Judge bench are as follows;
What is the scope and ambit of right to freedom of religion under Article 25 of the Constitution of India?
What is the inter-play between the rights of persons under Article 25 of the Constitution of India and rights of religious denomination under Article 26 of the Constitution of India?
Whether the rights of a religious denomination under Article 26 of the Constitution of India are subject to other provisions of Part III of the Constitution of India apart from public order, morality and health?
What is the scope and extent of the word 'morality' under Articles 25 and 26 of the Constitution of India and whether it is meant to include Constitutional morality?
What is the scope and extent of judicial review with regard to a religious practice as referred to in Article 25 of the Constitution of India?
What is the meaning of expression "Sections of Hindus" occurring in Article 25 (2) (b) of the Constitution of India?
Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?