The Supreme Court on Monday (February 10) 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 SA 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:
- Ambit and scope of religious freedom
- Interplay between rights of people under Article 25 and the rights of religious denominations under Article 26 of the Constitution of India
- Whether rights of religious denomination are subject to other provisions of Part III of the Constitution
- Scope and extent of morality under Articles 25 and 26 and whether it includes Constitutional morality
- Whether religious denominations enjoy fundamental rights
- Meaning of expression “section of Hindus” under Article 25(2)(b)
- Whether a person not belonging to a religious group can question practice of that religious group by filing a PIL.
(With PTI inputs)