New Delhi: While exercising the limited right of reconsideration in the Sabarimala case, a five-member bench of the Supreme Court can refer questions of law to a larger bench while exercising its limited power under review jurisdiction. This information was given on Monday. A bench headed by Chief Justice SA Bobde has framed seven questions related to issues of religious freedom and faith under the constitution and faith. Which will be considered by the nine-member constitution bench. The court has an idea to hear these questions on the basis of religious freedom in many religions from 17 February every day.
The seven questions framed by the bench include those on scope and ambit of religious freedom, and interplay between religious freedom and freedom of beliefs of religious denominations. The bench said it’s nine-judge bench will deal with the right to freedom of religion under Article 25 of the Constitution and it’s interplay with the right of various religious denominations.
The Bench will also consider the extent of judicial review in relation to religious traditions and the meaning of ‘sections of Hindus’ mentioned in Article 25 (2) (b) of the constitution. The court will also consider whether any person who is not a member of any particular religion or religious sect can raise questions on the religious beliefs related to that religion through public interest litigation. The bench said that on behalf of the Center, Solicitor General Tushar Mehta will start a debate on February 17 and after that Senior Advocate K.K. Parasran will argue. The other members of the nine-member constitution bench are Justice R Bhanumathi, Justice Ashok Bhushan, Justice L Nageswara Rao, Justice MM Shantanagoudar, Justice S Abdul Nazir, Justice R Subhash Reddy, Justice BR Gavai and Justice Suryakant.