Sabarimala Issue Linked To Deity’s Attribute, Can't Be Judicially Examined: Centre To SC

Last Updated:April 07, 2026, 14:11 IST

Supreme Court begins hearing Sabarimala review, Centre calls temple restrictions "sui generis", questions applying equality and untouchability claims.

The Supreme Court on Tuesday began hearing the long-pending review petitions in the Sabarimala temple entry case, with the Centre strongly defending the religious character of the shrine and questioning the scope of judicial scrutiny in matters of faith.

Appearing before a nine-judge Constitution Bench led by Chief Justice of India Surya Kant, Solicitor General Tushar Mehta argued that the Sabarimala issue centres on the basic nature of the deity and should not be subjected to constitutional adjudication.

“Sabarimala is about an attribute of a deity- how can it be judicially examined?" Mehta submitted, stressing that courts must exercise restraint when dealing with deeply held religious beliefs and practices.

The bench, also comprising Justices Joymalya Bagchi, BV Nagarathna, R. Mahadevan, MM Sundresh, Ahsanuddin Amanullah, Aravind Kumar, AG Masih and Prasanna B Varale, is examining wide-ranging constitutional questions, including the scope of religious freedom under Articles 25 and 26, and the extent to which courts can intervene in religious customs.

During the hearing, Mehta emphasised that not all religious practices can be tested solely on grounds of individual rights, arguing that denominational traditions deserve respect. He maintained that Articles 25 and 26 must be read harmoniously and are not absolute, but cautioned against reducing every religious practice to questions of dignity or equality.

“Every denomination practice we have to respect, everything does not relate to dignity or bodily freedom. If I go to the mazar or the gurudwara and if I have covered my head, I can’t say my dignity or right or choice is taken away," SG Mehta added.

“When we go to Gurudwara or Ajmer Sharif, we cover our heads. There is a new jurisprudence which has developed. All sections of Hindu are meant, no caste-based discrimination," he further added.

Referring specifically to Sabarimala, Mehta argued that the restriction relates to a particular age group and is unique to the temple dedicated to Lord Ayyappa, describing it as a “sui generis" case. He also objected to attempts to equate the issue with untouchability under Article 17.

The hearing is expected to continue, with the court set to address the complex balance between constitutional rights and religious autonomy.

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