Pre-Judgement Matrix

Our Pre-Judgement Matrix explains the possible outcomes in the Sabarimala Temple Entry case. Our 'Issues, Arguments, Outcomes' chart provides a more detail analysis of each key issue in the case.

 

The Court will shortly announce its judgement on the Sabarimala Temple Entry Case. It is evaluating the constitutional validity of the Sabarimala Temple's custom of prohibiting women from entering in their 'menstruating years'. The Court has the following issues to attend to:

A    Does Rule 3(b) supplant the aim of the act it belongs to, the Kerala Hindu Places of Worship Act?

B.1  How ought the Court resolve issues arising out of competing claims for the individual right to practice faith under Article 25(1)?

B.2  Is the individual right to faith subject to the denominational right to manage internal religious affairs under Article 26(b)?

C    Can the Court regulate an essential religious custom on the grounds that it violates the fundamental rights to equality and non-discrimination (Articles 14 & 15).

 

The Court may restrict itself to addressing only issue A and strike down Rule 3(b) on grounds of excessive delegation on behalf of the Kerala executive. This would allow the Court to avoid addressing the difficult fundemantal rights issues.

Equally, the Court could address issue A in combiniation with issues B.1 and B.2. At the heart of this case is freedom of religion.

Alternatively, the Court may address all issues -- AB.1, B.2 and C. The Court may choose to evaluate the custom not only in terms of the right to freedom of religion, but also in terms of other fundamental rights.