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PolityThe Hindu6 May 2026

Supreme Court: Casteist Exclusion Cannot Be Part of Religion; Article 25 Enables State to End Such Practices

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๐Ÿ“Œ Summary:

  • A Supreme Court bench in the Sabarimala review case held that any practice which excludes people on the basis of caste cannot be termed a religious practice

  • Justice B.V. Nagarathna observed: "Article 25 of the Constitution recognises the inalienable freedom of conscience of one and all, and enables the state to make a law to end casteist practices in the name of religion"

  • The ruling reinforces that the right to religion under Article 25 is not absolute โ€” it is subject to public order, morality, health, and other fundamental rights

  • UPSC significance: This ruling directly engages the tension between Art. 25 (Right to Religion) and Art. 14 (Right to Equality) and Art. 17 (Abolition of Untouchability)

  • The Sabarimala case (Indian Young Lawyers Association v. State of Kerala, 2018) originally held that the exclusion of women of menstruating age from the temple was unconstitutional; the review petition raised questions of essential religious practices

  • Doctrine of Essential Religious Practices (ERP): Only practices essential to a religion receive protection under Art. 25; casteist exclusions fail this test

  • The court's position aligns with the Constitutional framers' vision โ€” Ambedkar specifically designed Art. 17 (untouchability abolition) and Art. 25(2) to allow state reform of religion-based social discrimination

  • Key implication: State can legislate to reform temple entry, religious practices, and social customs that embed caste hierarchy โ€” without violating freedom of religion

Supreme CourtSabarimalacaste exclusionArticle 25

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