“Religion and society may collapse”: Supreme Court raises concern over repeated PILs on faith

Rashmi Pandey — Thu, 07 May 2026 12:17:23 +0000

Supreme Court of India on Thursday observed that indiscriminate legal challenges to religious practices could have far-reaching consequences for both religion and society, warning that courts may otherwise face hundreds of petitions questioning long-standing customs and traditions.

The remarks were made by a nine-judge Constitution Bench during hearings on a batch of cases dealing with the scope of religious freedom, judicial review of religious practices and allegations of discrimination against women in certain traditions. The matters before the court include issues linked to the Sabarimala Temple case and petitions involving the Dawoodi Bohra community.

The bench observed that if every religious custom begins to face judicial scrutiny through public interest litigations, it could weaken both institutional religion and social harmony. The court also raised concerns over the growing number of PILs challenging faith-based practices.

During the proceedings, the Constitution Bench examined several key constitutional questions related to Articles 25 and 26 of the Indian Constitution, which guarantee religious freedom and rights of religious denominations.

Among the central issues under discussion is the extent and scope of religious freedom under Article 25 and how it should be balanced against principles of equality and non-discrimination. The court is also examining the meaning of “morality” and “constitutional morality,” and whether the two concepts differ in the context of religious rights.

Another major issue before the bench is the limit of judicial review in matters involving religious customs and whether courts should intervene in traditions considered essential religious practices. The judges are also considering how the rights guaranteed under Article 25 for individuals should be balanced against Article 26, which protects the rights of religious denominations to manage their own affairs.

The court further discussed whether rights under Article 26 are absolute or remain subject to other constitutional provisions. Another question under examination is the interpretation of the phrase “class of Hindus” under Article 25(2)(b), which deals with temple entry and access to public Hindu religious institutions.

The bench also considered whether a person who does not belong to a particular faith can challenge its religious practices through a public interest litigation.

On Wednesday, the Supreme Court had questioned the maintainability of a 40-year-old PIL related to the Dawoodi Bohra community, indicating that broader constitutional principles may need reconsideration.

The hearings are expected to play a significant role in defining the future boundaries between religious autonomy, constitutional rights and judicial intervention in India.

constitutional morality | Business Upturn

“Religion and society may collapse”: Supreme Court raises concern over repeated PILs on faith