Sabarimala reference hearing concludes; Supreme Court reserves judgment
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๐ Summary:
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A nine-judge Bench of the Supreme Court, headed by Chief Justice of India Surya Kant, reserved its judgment in the Sabarimala review hearing after 16 days of marathon arguments
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The Court held that constitutional courts cannot give up their duty to judicially review religious practices to examine if they violate fundamental liberties
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However, it observed that the primary obligation to usher in reform and ensure social welfare lies with the legislature
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The CJI remarked the judiciary could neither remain a passive observer nor an overzealous reformer
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Amicus curiae K. Parameshwar argued that the validity of religious rights should not be judged on factors such as rationality, and that the term "religious denomination" must be given a broader meaning
๐ฏ UPSC Relevance: GS2 โ judicial review of religious practices, the balance between fundamental rights (Articles 25-26) and social reform, and the roles of the judiciary versus the legislature
๐ Prelims Facts:
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The Sabarimala review is being heard by a nine-judge Constitution Bench
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The Bench is headed by CJI Surya Kant
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Articles 25 and 26 deal with freedom of religion and the rights of religious denominations
๐ Key Term: Religious denomination โ a collective of individuals with a common faith, organisation and distinctive name, entitled under Article 26 to manage its own religious affairs
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