NEW DELHI: Ahead of the commencement of hearings before a nine-judge Constitution Bench in the Sabarimala review matter, written submissions filed on behalf of the Travancore Devaswom Board have urged the Supreme Court to adopt a “community-centric and subjective” understanding of religion under Article 25 of the Constitution, cautioning against judicial reinterpretation of religious beliefs and practices.
The submissions, settled by senior advocate Dr Abhishek Singhvi, contend that religion constitutes a “collective system of beliefs and practices” and must be assessed from the standpoint of the community that professes it, rather than through external or judicially imposed standards.
“The beliefs and practices of the community have to be judged by the subjective belief of the community…it is not for the Court to sit in judgment on that belief, ” the written submissions stated, adding that courts must refrain from substituting their own notions of rationality or morality in matters of faith.
Arguing against the continued application of the “essential religious practices” doctrine, the submissions contended that such a test finds no basis in the text of Article 25 and amounts to an impermissible judicial addition to constitutional limitations.