TL;DR: On 14 May 2026, a nine-judge Constitution Bench led by Chief Justice of India Surya Kant reserved judgment in the Sabarimala reference after 16 days and roughly 57 hours of argument. The bench is not re-deciding whether women may enter the Sabarimala shrine. It is answering seven broad constitutional questions about how religious freedom under Articles 25 and 26 fits with equality under Articles 14, 15, and 17. The answers will reach far beyond one Kerala temple, because petitions on mosque entry, Parsi fire temples, and Dawoodi Bohra practices are tagged to the same reference. Whatever the bench holds will set the test every Indian court uses for years to decide when a faith may exclude, and when the Constitution says it cannot.
On this page
- What actually happened on 14 May 2026
- The 2018 verdict, in plain terms
- How a review turned into a 9-judge bench
- The seven questions the bench must answer
- The essential religious practices doctrine
- Where the essentiality test came from
- The 2018 verdict, opinion by opinion
- Constitutional morality versus constitutional fidelity
- The clubbed cases: mosque, Bohra, Parsi
- What each side argued
- What a ruling either way does to the tagged matters
- What the verdict could change
- How ordinary Indians are reading it
- Timeline of the dispute
- How Niyam helps you track a reference like this
- Frequently asked questions
- Key takeaways
What actually happened on 14 May 2026
The Supreme Court did not rule on Sabarimala on 14 May 2026. It reserved judgment, which means the hearing closed and the bench retired to write its opinion. There is no fixed deadline for a reserved judgment, so the country now waits.
The bench is large by design. Nine judges sat: Chief Justice Surya Kant, with Justices B.V. Nagarathna, M.M. Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B. Varale, R. Mahadevan, and Joymalya Bagchi. The hearings opened on 7 April 2026 and ran across 16 days, roughly 57 hours of argument, as LiveLaw reported when the verdict was reserved.
Here is the part people miss. This is a reference, not an appeal. The nine judges are not asked whether the 2018 judgment that opened Sabarimala to women of all ages was right or wrong. They are asked to answer seven questions of constitutional principle that a smaller bench framed in 2019. Once those answers come, the original Sabarimala matter and a stack of related petitions go back to be decided on the law the nine judges lay down. So the title of the case still names a temple, but the judgment will read like a charter for the whole field of religion and rights. Supreme Court Observer tracked the arguments day by day, and even on day one the Union government was attacking the legal test at the centre of it all.
The 2018 verdict, in plain terms
To follow the reference you need the case that triggered it.
Sabarimala is a hill shrine in Pathanamthitta district, Kerala, dedicated to Lord Ayyappa. For generations the temple barred women of menstruating age, broadly understood as those between 10 and 50, from the pilgrimage. The stated reason rests on the belief that Ayyappa is a naishtika brahmachari, an eternally celibate deity, and that the presence of women in that age band would disturb the deity’s penance.
The custom was litigated long before the Supreme Court took it up. In 1991, in S. Mahendran v. Travancore Devaswom Board, the Kerala High Court upheld the exclusion as a constitutional and long-standing usage, holding that it did not violate the rights of women devotees, as the chronology recorded by Deccan Herald sets out.
That settled the question for the High Court but not for the country. The Indian Young Lawyers Association filed a writ in the Supreme Court in 2006, arguing the bar was sex discrimination dressed up as custom. Twelve years later, on 28 September 2018, a five-judge bench decided Indian Young Lawyers Association v. State of Kerala, reported as (2019) 11 SCC 1. By 4:1 the court struck down the exclusion. Chief Justice Dipak Misra, Justices A.M. Khanwilkar, Rohinton Nariman, and D.Y. Chandrachud held that the bar violated the equality and worship rights of women. The full majority and dissenting opinions are on Indian Kanoon.
Justice Chandrachud put the burden objection sharply. The ban, he reasoned, placed the weight of male celibacy on women and stigmatised them for a biological function. Justice Indu Malhotra alone dissented, and her dissent has since become the most quoted text in the whole saga. She wrote that in a secular polity it is not for courts to decide which practices of a faith should be struck down, except where a practice is pernicious, oppressive, or a social evil like sati. Both lines of thought, Chandrachud’s and Malhotra’s, are now back before the nine judges, because the questions they raised were never finally settled.
How a review turned into a 9-judge bench
The 2018 verdict did not end the fight. It inflamed it. Pilgrims blocked roads, the temple board resisted, and dozens of review petitions landed in the Supreme Court.
On 14 November 2019, a five-judge bench heard those reviews in Kantaru Rajeevaru v. Indian Young Lawyers Association. It took an unusual path. Rather than confirm or upset the 2018 judgment on its merits, the bench, by 3:2, kept the review petitions pending and referred a set of larger constitutional questions to a bigger bench. The majority comprised Chief Justice Ranjan Gogoi, Justice A.M. Khanwilkar, and Justice Indu Malhotra, per Supreme Court Observer’s plain-English summary.
The reasoning was that Sabarimala did not sit alone. The same tension between collective faith and individual rights ran through pending matters across other religions. So the majority decided that one large bench should settle the governing principles for all of them at once, and only then would the individual cases be resolved. That decision to refer is what produced the nine-judge bench now writing its verdict. As ThePrint framed it, nine judges and seven questions carry stakes well beyond Kerala.
A point worth keeping straight. The 2019 reference was itself contested, since a review bench usually corrects errors in its own judgment rather than handing fresh questions to a larger bench. The two dissenting judges in 2019 questioned that very move. The nine-judge bench has had to consider whether the reference was even competently made, which is partly why the hearing ran so long.
The seven questions the bench must answer
These seven questions are the actual subject of the case. They were framed in the 2019 reference order and refined when the larger bench was set up. The wording below tracks the Supreme Court Observer record of the reference; where a phrase is not a direct quotation it is paraphrased and marked as such.
| # | Question | Why it matters |
|---|---|---|
| 1 | The interplay of freedom of religion under Articles 25 and 26 with the right to equality under Article 14. | Sets the master rule for when faith yields to equality and when it does not. |
| 2 | The scope of the expression “public order, morality and health” in Article 25(1). | These are the only listed grounds on which the state may limit religious freedom. Their width decides how much room the state has. |
| 3 | Whether “morality” in Articles 25(1) and 26 means constitutional morality, or is confined to religious faith and belief (paraphrased). | If it means constitutional morality, courts can override practices on equality grounds. If it means religious morality, faith communities largely define their own limits. |
| 4 | The extent to which a court can enquire into whether a practice is an essential religious practice. | Decides whether judges, or the faith, get the final word on what a religion’s core practices are. |
| 5 | The scope of the expression “sections of Hindus” in Article 25(2)(b). | Governs which groups within Hinduism a reform law can reach, and how temple-entry rights apply. |
| 6 | Whether the essential religious practices of a religious denomination are protected under Article 26 (paraphrased). | Tests how far Article 26 shields a denomination’s autonomy from outside interference. |
| 7 | The scope of judicial recognition of public interest litigation filed by people who do not belong to a religious denomination, to contest that denomination’s practice. | Decides whether outsiders can ask a court to strike down another community’s practice at all. |
Read together, the seven questions ask one big thing. When a religious community claims a practice as part of its faith, and that practice excludes a group the Constitution protects, who decides which side wins, and by what test? The nine judges have to supply that test.
The essential religious practices doctrine
Question four turns on a doctrine the Supreme Court itself built, the essential religious practices test, often shortened to ERP. The idea is that Articles 25 and 26 protect only those practices that are essential or integral to a religion, not every custom a community happens to follow. A practice that is essential gets constitutional cover. A practice that is merely customary, or that a court finds inessential, does not.
The doctrine has drawn heavy criticism for years, and that criticism sat at the centre of the 2026 hearings. The objection is simple to state. To decide whether a practice is essential, a secular court must read scripture, weigh theology, and pronounce on what a religion truly requires. Critics say that is exactly the inquiry a secular court should not perform, because it turns judges into priests.
On the very first day of argument the Union government attacked the test head on, as Supreme Court Observer recorded. The thrust was that courts should defer to a community’s own understanding of its essential practices rather than substitute a judicial view. The opposing position is that without some judicial check, any exclusion can be relabelled as essential faith and placed beyond the reach of equality. The bench has to decide where the line falls, and that single choice may be the most consequential thing the judgment does.
Where the essentiality test came from
The essentiality test is not in the Constitution. The Supreme Court built it over decades, case by case, and tracing that line shows why the doctrine is now so unstable that nine judges have to revisit it.
It starts in 1954. In Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Shirur Mutt (1954 AIR 282), a seven-judge bench read Article 25 to protect not just belief but the rituals and observances that go with it. The court drew a working line between the religious core, which the state may not touch, and the secular activities tied to religion, which the state may regulate. To find the core, the judges said, you look to the tenets of the faith itself: what constitutes the essential part of a religion is decided with reference to the doctrines of that religion. Commentators usually mark Shirur Mutt as the birthplace of the doctrine, as the Supreme Court Observer’s review of essential practices cases sets out. Read narrowly, Shirur Mutt left the faith largely in charge of naming its own essentials.
Seven years later the emphasis shifted. In The Durgah Committee, Ajmer v. Syed Hussain Ali (1961 AIR 1402), a five-judge bench upheld a law reorganising the administration of the shrine of Khwaja Moinuddin Chishti at Ajmer. Along the way the court added a filter. Only practices that are essential and integral get protection, and practices that may have sprung from merely superstitious beliefs, or that are unessential accretions to the faith, must be carefully scrutinised by the court, as the judgment on Indian Kanoon records. That single move handed the court a screening role. It was no longer only asking what the faith treats as essential; it had reserved the power to strip away what it judged to be later overlay. Critics have long noted the tension between the Shirur Mutt approach and the Durgah Committee gloss, and the nine-judge bench has to reconcile the two.
The next year the court pushed in the other direction. In Sardar Syedna Taher Saifuddin v. State of Bombay (1962 AIR 853), a five-judge bench struck down the Bombay Prevention of Excommunication Act, 1949. By majority, with Chief Justice Sinha dissenting, the court held that the head of the Dawoodi Bohra community could excommunicate members on religious grounds, because that power formed part of managing the community’s affairs in matters of religion and was protected under Article 26(b), as the judgment on Indian Kanoon shows. Here the doctrine cut the other way, shielding a community’s internal disciplinary power from a reforming statute. That same 1962 ruling is one of the precedents now doubted, because a later bench questioned whether a power that produces civil and social death can sit comfortably with the Constitution, as LiveLaw reported when the issue was referred.
By 2017 the court was using the test to dismantle a practice. In Shayara Bano v. Union of India (2017) 9 SCC 1, a five-judge bench struck down instant triple talaq by 3:2. Part of the reasoning was that the practice was not an essential part of Islam, having no foundation in the Quran, and so could not claim the shelter of Article 25, as the case summary on Testbook records. Set the four cases side by side and the through-line is the problem. In Shirur Mutt the faith largely names its essentials; in Durgah Committee the court reserves the right to discard accretions; in Sardar Syedna the court protects a community’s internal power; in Shayara Bano the court declares a long-standing practice inessential and removes its protection. The same label produces opposite outcomes depending on who is reading scripture and how. Justice Chandrachud himself, while still on the bench, called the essential practices test a problem in our jurisprudence, a critique Bar and Bench documented. Question four of the reference asks the nine judges to fix that instability, or at least to say plainly how far a court may go.
The 2018 verdict, opinion by opinion
The 4:1 figure hides how varied the 2018 majority was. The four judges who struck down the Sabarimala bar did not reason as one. They wrote separate opinions resting on different parts of the Constitution, and the gap between them matters now, because the nine-judge bench is sifting which line of reasoning, if any, should survive. The full set of opinions sits on Indian Kanoon.
Chief Justice Dipak Misra, writing also for Justice A.M. Khanwilkar, anchored the lead opinion in two findings. First, the devotees of Lord Ayyappa do not form a separate religious denomination under Article 26, so the temple could not claim a denomination’s autonomy to manage its own affairs to the exclusion of women, a point captured in Supreme Court Observer’s plain-English summary of the verdict. Second, the right to worship under Article 25 is available equally to men and women, and a custom that shut out women of a certain age could not stand against it. Misra also leaned on the idea that constitutional morality, not popular sentiment, governs how the freedoms in Articles 25 and 26 are read.
Justice Rohinton Nariman wrote separately and reached the same result by a tighter route. He treated the women’s claim primarily as an Article 25 freedom of worship that the exclusion rendered hollow, observing that to bar women of the relevant age would empty their right under Article 25 of meaning. His opinion put less weight on novel doctrine and more on the plain operation of the worship guarantee, which is why some read it as the most cautious of the majority opinions.
Justice D.Y. Chandrachud wrote the boldest concurrence. He held that excluding women on notions of menstrual impurity and pollution was a form of untouchability, and that Article 17, which abolishes untouchability, is not confined to caste. Reaching into the Constituent Assembly debates, he argued that Article 17 also reaches the systemic humiliation and subordination of women, so that purity-based exclusion is constitutionally forbidden, as Scroll analysed at the time. This Article 17 theory is the most contested strand of the 2018 judgment, and it resurfaced sharply in the 2026 hearings: Justice B.V. Nagarathna, sitting on the nine-judge bench, pressed the point by remarking that there cannot be untouchability for three days a month, as LiveLaw reported.
Justice Indu Malhotra, the only woman on the 2018 bench, dissented alone, and her opinion has become the centre of gravity for the whole reference. She did not defend the exclusion as good or fair. Her argument was about the limits of the judicial role. Judicial review of religious practices, she wrote, ought not to be undertaken, because a court cannot impose its own notions of rationality or morality on a form of worship, and what counts as an essential religious practice is for the religious community to decide, not for the court, as The News Minute summarised. She also worried about who was bringing the case, noting that petitioners who were not devotees of the deity were asking the court to rewrite the practice of a faith they did not follow, a concern that became the seventh question in the reference. The five opinions, four for entry and one against, did not converge on a single test, and that absence of a shared rule is part of what the nine judges have to repair.
Constitutional morality versus constitutional fidelity
Underneath the seven questions sits one argument that the bench cannot avoid. It is the clash between constitutional morality and what its critics call constitutional fidelity, and the choice between them shapes how every other question is answered.
Constitutional morality is the idea that the Constitution carries its own moral commitments, dignity, equality, and liberty among them, and that judges should read the document in light of those commitments rather than in light of whatever the majority happens to believe at a given moment. The phrase traces back to B.R. Ambedkar, who borrowed it to argue that a constitutional order survives only when its institutions internalise constitutional values rather than raw majority will, as the explainer from Drishti IAS sets out. In the 2018 Sabarimala majority, constitutional morality did real work: it was the lever that let the court hold popular religious sentiment subordinate to the equality and dignity of women.
The opposing view, pressed hard by the Union government in 2026, is a plea for fidelity to the written text. The objection runs that constitutional morality is a vague and indeterminate concept that lets judges substitute their own values for the words on the page, and that it has been used to overstep the text and rewrite religious tradition. The Attorney General had earlier called the doctrine a dangerous weapon, and the Union’s argument in the reference is that morality in Articles 25 and 26 should be read as the religious or public morality the text refers to, not a free-floating judicial morality, as ThePrint traced in its account of how the concept evolved in court. On this view, a court that reaches past the text to strike down practices on morality grounds is not interpreting the Constitution; it is amending it.
The tension is genuine and it does not resolve neatly. Push constitutional morality too far and the court starts deciding contested social questions that arguably belong to elected legislatures or to communities themselves. Push fidelity too far and the equality guarantees become weak against any practice a community is willing to call religious, since the text of Article 25 already bends to public order, morality, and health without saying which morality. Question three of the reference asks exactly this: does morality in Articles 25(1) and 26 mean constitutional morality, or is it confined to religious faith and belief? The nine judges have to pick, and whichever way they lean, they set the balance between judicial conscience and textual restraint for a long line of cases to come. The law review treatment of the reference frames the same choice as constitutional morality against religious autonomy, which is the same fork seen from the community’s side.
The clubbed cases: mosque, Bohra, Parsi
The reason this verdict matters across India is that Sabarimala does not travel alone. Tagged to the reference are dozens of matters spanning several faiths, which is why the bench’s answers will land everywhere at once. The Vidhi Centre and several court reporters have noted that the tagged matters run into the dozens. The cluster includes four recurring disputes.
First, the entry of Muslim women into mosques and dargahs. During the hearings the All India Muslim Personal Law Board told the court that women are not barred from mosques but may not use the main entrance, a position Lawbeat reported from the courtroom.
Second, the rights of Parsi women who marry outside the community. The question is whether such women may enter Parsi fire temples and the Tower of Silence, or whether marrying out strips them of those rights. The bench pressed counsel on whether excommunication after an inter-faith marriage is even a matter of religion at all, as Lawbeat noted.
Third, excommunication within the Dawoodi Bohra community, where the practice of cutting a member off from the community has been challenged as a violation of dignity and a denial of access to communal religious life. The Vidhi Centre for Legal Policy has tracked how that challenge intersects with the reference.
Fourth, female genital cutting in the Dawoodi Bohra community, raised in a 2017 petition. The Supreme Court Observer case background lists these tagged matters and explains how they were drawn into the same reference.
Beyond the bench’s first ruling on the Sabarimala questions, the SCC Online blog noted that the nine judges also examined the validity of Parsi excommunications under Articles 25 and 26 during the hearings. The pattern is the same in each. A community defines a boundary on religious grounds. Someone the boundary excludes says the Constitution forbids it. The seven questions decide the rule for all of them.
What each side argued
The hearings split, broadly, into two camps, with the bench testing both.
On the side defending the practices, the central argument is denominational autonomy. A religious denomination, the argument runs, has a constitutional right under Article 26 to manage its own affairs in matters of religion, and that includes defining who may take part in its rituals and where. The Union government urged the court to read the limits on religious freedom narrowly and to defer to a community’s own account of its essential practices rather than have judges decide theology. The Solicitor General also argued that the Sabarimala restriction is not simple gender exclusion, telling the court, as Onmanorama reported, that patriarchy is alien to Indian tradition and that the restriction flows from the specific character of the deity rather than from a low view of women. The Centre added that some temples restrict men as well, so the bar is tied to the nature of particular shrines, not to women as a class, a point Onmanorama also covered.
On the side challenging the practices, the central argument is constitutional morality and dignity. Exclusion based on a biological function, the argument runs, is discrimination under Articles 14 and 15, and dressing it as custom does not save it. The pro-entry camp leans on the idea that “morality” in Articles 25 and 26 must mean constitutional morality, so that practices which deny equality cannot hide behind faith. It also invokes Article 17, which abolishes untouchability, arguing that treating menstruating women as polluting falls within that prohibition. One judge on the bench probed exactly this, questioning during argument how untouchability doctrine applies to menstruation.
The bench did not simply receive these arguments. It tested the limits of judicial power throughout, stressing, as Organiser reported, that temple rituals must be respected by devotees and that there are limits to the judicial role in matters of faith. That tension, between protecting equality and respecting the limits of what a court should decide, is the thread running through all 57 hours.
What a ruling either way does to the tagged matters
Because the tagged cases ride on the same seven questions, it helps to walk through what actually happens to each one under the two broad outcomes. Call them the autonomy-leaning ruling, where the court defers heavily to communities and reads judicial power narrowly, and the equality-leaning ruling, where the court keeps a strong check and treats constitutional morality as the master test. Neither outcome decides any tagged case on its own. Each only sets the rule the smaller benches then apply. But the rule tilts the field.
Take mosque entry first. The All India Muslim Personal Law Board told the court that Muslim women are not barred from mosques but may not use the main entrance, a position Lawbeat reported from the hearing. Under an autonomy-leaning ruling, a separate entrance is likely to be treated as an internal arrangement of the community, defensible under Article 26, and the petitioners would face a steep climb. Under an equality-leaning ruling, the petitioners can argue that a sex-segregated entrance is a distinction the Constitution does not tolerate once constitutional morality governs the reading of morality in Article 25. The same facts, two very different starting points.
The Dawoodi Bohra excommunication challenge is the sharpest test of all, because the 1962 Sardar Syedna precedent already protects the practice. Respondents in 2026 argued that excommunication violates dignity, since being cut off carries civil and social consequences far beyond the spiritual, as Supreme Court Observer recorded. The practical weight of that is severe: an excommunicated member can lose access to the community mosque, be denied burial in community ground, and suffer a kind of civil death, a reality the SCC Online analysis of the hearings spelled out. An autonomy-leaning ruling would likely leave Sardar Syedna standing and keep excommunication inside the protected zone of a denomination’s internal discipline. An equality-leaning ruling that subjects the power to constitutional morality could see the 1962 precedent narrowed or overruled, which would expose every excommunication to a dignity challenge. The bench also questioned the maintainability of the older public interest petition on the practice, as ThePrint noted, so the seventh question, about who may even bring such a case, could dispose of the matter before the merits are reached.
The Parsi cases turn on a different axis. The question is whether a Parsi woman who marries outside the community keeps her right to enter fire temples and the Tower of Silence, or whether marrying out ends it. The bench pressed counsel on whether excommunication after an inter-faith marriage is even a matter of religion at all, as Lawbeat reported. That framing is itself a fork. If the court holds that such exclusion is not really a religious practice but a social one, it never enters the Article 26 protected zone, and the woman’s claim is strong under almost any ruling. If the court treats it as religious, the autonomy-leaning outcome favours the community and the equality-leaning outcome favours the woman. The same bench examined the validity of Parsi excommunications under Articles 25 and 26 during the hearings, so the Parsi matters are not a footnote; they are a live part of the verdict.
There is a quieter downstream effect that cuts across all of them. The answer to question seven, about whether outsiders can challenge a community’s practice, sets the gate to the courthouse. A narrow answer would shut out a category of social-reform litigation that has historically been brought by people outside the faith in question, which would change not just these cases but the route by which religious reform reaches the courts at all. So the tagged matters are not waiting on a yes or no. They are waiting on a framework, and where each lands depends on which of these forks the nine judges choose.
What the verdict could change
The judgment will not be a yes or no on Sabarimala. It will be a framework, and the framework decides several things at once.
If the bench narrows or reworks the essential religious practices test, the effect is large. A court that defers heavily to a community’s own account of its essential practices gives faith groups wide room to define their own boundaries, including boundaries that exclude. A court that keeps a strong judicial check leaves room to strike down exclusions on equality grounds. Either way, every future temple-entry, mosque-entry, or excommunication case will be argued under the rule the nine judges set.
If the bench holds that “morality” in Articles 25 and 26 means constitutional morality, equality gains a powerful lever over religious practice. If it holds that morality there means religious morality, communities gain stronger protection from outside interference.
If the bench restricts who may bring a public interest petition against another community’s practice, the seventh question, it could shut the courthouse door on a whole category of litigation, the kind brought by people outside the faith they are challenging. That alone would reshape how social reform reaches the courts.
And the clubbed cases mean the ruling lands on Hindu, Muslim, Parsi, and Dawoodi Bohra practices together. A single framework will govern Sabarimala, mosque entry, fire-temple access, and excommunication. That is why lawyers across practice areas are watching one Kerala temple case so closely.
How ordinary Indians are reading it
Away from the courtroom, the dispute splits the public in a way that does not map neatly onto the usual lines, and a lot of the heat comes from people who feel both pulls at once.
A recurring sentiment among devotees, including many women, is that the restriction is not an insult but a feature of this particular deity’s vow, and that the choice to keep a tradition should rest with the faithful, not a court. Reporting from the ground has long noted that many women devotees themselves defend the custom, a point the BBC examined in a viewpoint piece that argued popular support does not by itself settle whether a practice is just. The counter-sentiment, equally heartfelt, is that faith cannot be a licence to exclude, and that a woman’s right to worship where she chooses is exactly what fundamental rights are for.
There is also a quieter, procedural unease that cuts across both camps. Some who support women’s entry in principle still worry that having judges decide what a religion essentially requires puts courts in a role they are poorly suited to, the very concern Justice Indu Malhotra voiced in her 2018 dissent. And the Kerala government’s own shift, now asking for wide consultation with religious scholars and reformers before any change, captures how even the state has moved from confident reform toward caution. The honest summary is that this is not a clean fight between progress and tradition. It is a country trying to work out who gets to draw the line, and most people feel the weight on both sides.
Timeline of the dispute
| Date | Event |
|---|---|
| 1991 | Kerala High Court in S. Mahendran upholds the exclusion of women aged 10 to 50 as a valid custom. |
| 2006 | Indian Young Lawyers Association files a writ in the Supreme Court challenging the bar. |
| 28 Sep 2018 | Five-judge bench in Indian Young Lawyers Association v. State of Kerala strikes down the exclusion 4:1; Justice Indu Malhotra dissents. |
| 14 Nov 2019 | In Kantaru Rajeevaru, a five-judge review bench refers seven constitutional questions to a larger bench by 3:2, keeping the reviews pending. |
| 2020 | The questions are taken up for framing and a nine-judge bench is contemplated; related faith petitions are tagged on. |
| 7 Apr 2026 | The nine-judge Constitution Bench led by CJI Surya Kant begins hearings. |
| 14 May 2026 | The bench reserves judgment after 16 days and roughly 57 hours of argument. |
How Niyam helps you track a reference like this
A case like the Sabarimala reference is hard to follow because the law is spread across decades and benches. The 2018 majority, the lone dissent, the 2019 reference order, the doctrine cases on essential religious practices, and the tagged matters across four faiths all matter, and they cite each other in tangled ways.
Niyam is legal AI built for Indian law. You can ask a question in plain English and get an answer grounded in Indian judgments, with every proposition cited back to the source so you can verify it yourself. Our legal research tool helps you trace how the essential religious practices doctrine developed across cases, and the citator tells you whether a judgment you want to rely on is still good law before you build an argument on it. When the nine-judge verdict lands, that last check matters more than ever, because the new framework may overrule or limit older authorities.
You can start for ₹100. The trial gives you 200 credits to begin, and you can cancel anytime. Create an account at app.niyam.ai/register and put a real Indian-law question to it.
If you want to go deeper on the constitutional background, our explainer on Kesavananda Bharati and the basic structure doctrine covers the limits on constitutional change, our monthly roundup Supreme Court this month: May 2026 places this reference among the term’s other big matters, our guide on how to read a judgment helps you parse the opinion when it comes, and our piece on the High Courts and Article 226 explains the writ power that first carried Sabarimala into court.
Frequently asked questions
Did the Supreme Court ban or allow women at Sabarimala on 14 May 2026?
Neither. On 14 May 2026 the nine-judge bench reserved judgment, meaning it closed the hearing and will deliver its opinion later. The bench is answering seven constitutional questions, not deciding the entry question directly. The 2018 judgment that allowed women of all ages remains the last word on entry until the reference is resolved and the original matter is decided afresh on the new framework.
Why are nine judges hearing a case about one temple?
Because the questions reach far beyond the temple. In 2019 a five-judge review bench referred seven broad questions about religious freedom and equality to a larger bench, and tagged petitions from other faiths to them. Constitutional questions of this weight are heard by benches of nine or more so the ruling binds firmly and settles the law for all the tagged matters at once.
What is the essential religious practices test?
It is a doctrine the Supreme Court developed to decide which religious practices get constitutional protection. Only practices that are essential or integral to a religion are protected under Articles 25 and 26; merely customary practices are not. The test is contested because deciding what is essential requires a secular court to interpret theology, and the 2026 hearings put that very objection at the centre.
What are Articles 25 and 26?
Article 25 guarantees every person freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, and health. Article 26 gives religious denominations the right to manage their own affairs in matters of religion. The reference asks how these freedoms fit with the equality guarantees in Articles 14, 15, and 17.
Which other cases are tied to this reference?
Petitions on the entry of Muslim women into mosques and dargahs, the right of Parsi women in inter-faith marriages to enter fire temples, excommunication in the Dawoodi Bohra community, and female genital cutting among the Dawoodi Bohra are all tagged to the reference. The seven questions will govern all of them.
Is this an appeal against the 2018 judgment?
No. It is a reference, which means a smaller bench asked a larger bench to answer questions of law. The nine judges are not ruling on whether the 2018 judgment was correct. They are settling the principles that will then be applied when the original Sabarimala matter and the tagged cases are decided.
When will the verdict come?
There is no fixed date. A reserved judgment can take weeks or months, and a nine-judge constitutional opinion of this scope often takes longer. The verdict was reserved on 14 May 2026, so the decision is awaited as of this writing.
Key takeaways
- On 14 May 2026 a nine-judge bench led by CJI Surya Kant reserved judgment in the Sabarimala reference after 16 days and about 57 hours of argument.
- The bench is answering seven constitutional questions framed in the 2019 Kantaru Rajeevaru reference, not re-deciding the 2018 entry verdict.
- The questions turn on the interplay of Articles 25 and 26 with Articles 14, 15, and 17, and on the contested essential religious practices test.
- Petitions on mosque entry, Parsi fire temples, and Dawoodi Bohra practices are tagged to the reference, so the ruling will reshape religion-and-rights law across faiths.
- The verdict will be a framework that decides who draws the line between collective faith and individual rights, and by what test, for years to come.
This article is for general information and is not legal advice. Verify every citation against the primary source before relying on it. Case details reflect public reporting as of 16 June 2026, while the judgment remained reserved.