Sabarimala Review | Nine-judge Bench to commence arguments from 7 April 2026
Sabarimala ReviewJudges: Surya Kant CJI, Joymalya Bagchi J, V.M. Pancholi J
Today, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. M Pancholi passed listing directions in the matter concerning review of the Supreme Court’s 2018 Judgement in Indian Young Lawyers’ Association v State of Kerala.
The 2018 decision had deemed it unconstitutional for the Sabarimala Temple to prohibit entry of women in their “menstruating years”. In November 2019, a five-judge bench referred the review of the 2018 decision to a larger bench. This reference was upheld by a bench of nine-judges in February 2020.
The Court took up the matter after six years, and is one of the two nine-judge bench matters pending as per the National Judicial Data Grid. The other being, the definition of industry which was listed for hearings in March 2026.
Arguments to start and conclude in April 2026
The Court will consider seven questions when it takes up the review:
- What is the interplay between the freedom of religion under Articles 25 and 26 of the Constitution with other provisions under Part III of the Constitution?
- What is the scope of “public order, morality and health” under Article 25(1) of the Constitution?
- What is the scope and extent of the word ‘morality’ under Articles 25 and 26 of the Constitution of India and whether it is meant to include constitutional morality?
- What is the scope and extent of judicial review with regard to identification of essential religious practices?
- What is the meaning of expression “Sections of Hindus” occurring in Article 25(2)(b) of the Constitution of India?
- Whether essential religious practices are protected under Article 26?
- Whether a person not belonging to a religious denomination or religious group can question a practice of that religious denomination or religious group by filing a PIL?
The Supreme Court appointed Senior Advocate K. Parameshwar as the amicus curiae. There are 66 matters tagged to the Sabarimala Review, including cases such as the right of Muslim women to enter mosques, the right of Parsi women to enter a Fire Temple after marrying a non-Parsi, and the practice of female genital mutilation (FGM) among the Dawoodi Bohra community.
The Bench stated that parties supporting the review will argue between 7 and 9 April 2026. Parties opposing the review will argue between 14 and 16 April 2026. Parties will submit any rejoinder arguments on 21 April 2026, and the amicus will make and conclude arguments on 22 April 2026.
The Court is yet to notify the composition of the nine-judge Constitution Bench.