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Sabarimala Verdict Review: Why The 9-Judge Supreme Court Bench Matters Explained
Sabarimala Verdict Review: Why The 9-Judge Supreme Court Bench Matters Explained
From April 7 to 22, a nine-judge Constitution bench of the Supreme Court will hear 67 petitions, which seek review of its September 2018 verdict that allowed women of all age groups to enter the famous Sabarimala temple in Kerala.
A nine-judge bench of the Supreme Court of India is extremely rare because it is reserved for the most constitutionally significant and far-reaching questions — cases that can redefine the law of the land.
A nine-judge bench of the Supreme Court of India is extremely rare because it is reserved for the most constitutionally significant and far-reaching questions — cases that can redefine the law of the land.
ALSO READ | Sabarimala Women’s Wall In 2019 To 2026 Verdict Review By SC, The Ayappa Temple Debate Explained
Under Article 145(3) of the Constitution of India, any case involving a substantial question of law as to the interpretation of the Constitution must be heard by at least five judges.
A nine-judge bench is formed only when the issue is of exceptional constitutional importance or if the matter affects the structure of governance or fundamental rights nationwide.
There’s a judicial hierarchy within the Supreme Court — 2-judge bench, 3-judge bench, 5-judge Constitution bench, 7-judge bench, 9-judge bench. A smaller bench cannot overrule a larger one. So if a past 7-judge ruling needs reconsideration, a 9-judge bench may be required.
1. The Supreme Court of India currently has a sanctioned strength of 34 judges. Constituting a nine-judge bench means nearly one-third of the court sits on a single case and other cases get delayed. It demands careful scheduling by the Chief Justice, so it’s used sparingly.
2. The Supreme Court avoids forming very large benches unless absolutely necessary because larger benches make consensus harder, split verdicts become more likely and legal clarity must be preserved.
13-Judge Bench (Largest Ever): Kesavananda Bharati v. State of Kerala (1973)
It established the Basic Structure Doctrine which stated that Parliament can amend the Constitution, but cannot alter its “basic structure". The single most influential constitutional judgment in India. This remains the largest bench ever constituted.
11-Judge Bench: Rustom Cavasjee Cooper v. Union of India (1970)
It is popularly known as the Bank Nationalisation case. It expanded interpretation of Fundamental Rights. It shifted Indian constitutional law toward a rights-based approach
Nine-Judge Benches
Seven-Judge Benches
Five-Judge Constitution Benches
These are more common but still reserved for major constitutional issues.
The Sabarimala matter became extraordinary not just for the temple-entry issue, but because it triggered a deeper constitutional debate that required a nine-judge bench to settle foundational questions about religious freedom.
The original 2018 judgment (by a 5-judge bench) struck down the practice barring women aged 10–50 from entering the Sabarimala temple. But review petitions raised broader constitutional questions — What counts as an “essential religious practice"? How should courts balance Articles 25 & 26 (religious freedom) against Articles 14 & 15 (equality and non-discrimination)? Can courts intervene in faith-based practices, and if so, how far?
These questions affect all religions, not just one temple.
Essential religious practices: Since the 1950s, courts have used the “essential religious practices" test to decide whether a practice is constitutionally protected. The nine-judge bench was tasked with examining whether this doctrine needs reformulation, whether courts should decide what is “essential" to a religion, how far judicial review extends into religious matters.
This has implications for cases involving mosques, churches, gurudwaras and other Hindu denominations
Religion-state relations: Sabarimala became a vehicle for redefining religion–state relations in India. The referral order connected Sabarimala to broader questions arising in matters such as women’s entry into mosques, female genital mutilation in certain communities, exclusionary religious practices elsewhere
So the nine-judge bench is effectively deciding a constitutional framework for religious equality cases across India.
The issues potentially affect prior Constitution Bench precedents. The outcome may reshape how Articles 25 and 26 are interpreted nationwide. It involves harmonising equality, dignity, secularism, and religious autonomy.
Sabarimala is significant because it sits at the intersection of faith vs constitutional morality, gender equality vs religious autonomy, judicial restraint vs judicial activism.
The nine-judge bench’s answer could define how secular India balances devotion and democracy.
Source: News18
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