NEW DELHI: The Supreme Court on Tuesday observed that every religious institution must function under established norms and cannot operate in a state of anarchy, while hearing a batch of petitions linked to the Sabarimala temple case and issues concerning women’s entry at places of worship.A nine-judge Constitution bench said the right to manage a religious institution does not mean the absence of structure, and regulation is necessary for orderly functioning, provided it remains within constitutional limits.The court was hearing matters related to discrimination against women at religious places, including the Sabarimala temple in Kerala, along with broader questions on the scope of religious freedom and rights of denominations under the Constitution.The bench comprised Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.During the hearing, Justice Ahsanuddin Amanullah said the right to manage a religious institution cannot imply the absence of systems or procedures.”There cannot be anarchy.Take a dargah or a temple. There will be elements associated with the institution, the manner of worship, the sequence in which things are done. Somebody has to regulate that.”He said institutions require an authority or body to ensure proper management and order.The bench said while regulation is necessary, such powers cannot violate constitutional protections or permit discrimination.”It cannot be that everyone says I will do whatever I want, or that the gates remain open at all times without any control. So the question is, who is that body which manages. That is where protection comes in, because regulation is necessary. At the same time, it cannot transgress constitutional limitations. There cannot be discrimination on the broad constitutional parameters,” Justice Amanullah said.He added that every institution must have norms and functioning cannot be determined individually by each visitor or devotee.Senior advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, argued that the Chishti Nizami lineage associated with the dargah of Hazrat Khwaja Nizamuddin Aulia constitutes a religious denomination with the right to regulate entry and management.He told the court that a dargah is a place where a saint is buried and that the Sufi tradition accords deep reverence to such sites.”Within Islam, there are differing views regarding the status of saints after death, but in the Sufi system of belief, there is deep reverence attached to the place where a saint is interred.”Pasha said the Sufi tradition in India consists of several recognised orders, including Chishtiya, Qadriya, Naqshbandiya and Suhrawardiya, and that the present case concerns the Chishtiya order.”This system, I submit, clearly constitutes a religious denomination. If one looks at the teachings attributed to Hazrat Nizamuddin Auliya, there is emphasis on adherence to Islamic practices such as roza, namaz, hajj, zakat, and above all, faith,” he submitted.He argued that the right to regulate entry into a religious institution forms part of management rights guaranteed under the Constitution.The ongoing proceedings arise from issues referred to a larger bench after the Supreme Court’s 2018 Sabarimala judgment.A five-judge Constitution bench had, by a 4:1 majority in September 2018, struck down the ban on entry of women aged between 10 and 50 years into the Sabarimala Ayyappa temple, holding that the centuries-old practice was illegal and unconstitutional.The Supreme Court had earlier noted the challenge in judicially determining whether a practice is essential or non-essential to a religion.It observed that it was very difficult, if not impossible, for a judicial forum to define parameters for declaring a particular religious practice as essential or non-essential. The hearing in the matter is continuing.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosSalim Dola deported: Inside India’s big crackdown on D-Company’s global narcotics networkPM Narendra Modi’s Football Game In Gangtok Sparks Buzz Over Bengal Poll Message‘No Place For Double Standards’: Rajnath Singh Hails OP SINDOOR At SCO MeetAtishi Hits Back At BJP: Rejects Rijiju’s Claims, Calls AAP a Fast-Growing Political ForceAtishi Targets Modi, BJP Over Rs 2500 Promise; Asks ‘When Will Delhi Women Get Money?’”Tharoor Accepted Congress Is Anti-Women”: Rijiju’s Claim Puts Party On BackfootAfter Kejriwal, Sisodia Recuses Himself From Excise Case Hearing Before Justice SharmaIndia ‘Condemns’ Strikes On Commercial Vessels At UNSC MeetMumbai-Solapur Vande Bharat Express Derails On Diamond Crossing While Entering Pune StationFour Killed, 70 Hurt As Taliban Blames Pak Strikes, Peace Hopes Shaken123Photostories5 exercises that can tone down your thighsHow to make a small Bengaluru flat look bigger without spending much7 European vegetables that can grow in the balcony during this season“I am vegetarian, so I need to get my protein”: Sundar Pichai’s daily breakfast includes these 3 foodsIndia’s pilgrimage season is here: 10 pilgrimage sites to build your itinerary around4 harmful effects of screen time on child development5 dangerous pets that were created by humans against natureArsh Aulakh weds Mehreen Pirzada: Decoding the dreamy pink Anarkali Mehreen Pirzada wore for her Anand Karaj8 characteristics of investor-friendly residential locationsChef Pankaj Bhadouria’s High-Protein Paratha Premix offers 15 g protein per serving123Hot PicksAmit ShahMamata BanerjeeBengal Women VotersPM Rally GunfireAssembly Election 2026Bengal Oath CeremonyTrinamool CongressTop TrendingSaeed Sheikh AfridiTamil Nadu electionPM modiSalim DolaAssam HS 12th ResultManish SisodiaMumbai Watermelon Poisoning newsBengal PollsJack GrealishIPL Orange Cap

NEW DELHI: The Supreme Court on Tuesday observed that every religious institution must function under established norms and cannot operate in a state of anarchy, while hearing a batch of petitions linked to the Sabarimala temple case and issues concerning women’s entry at places of worship.A nine-judge Constitution bench said the right to manage a religious institution does not mean the absence of structure, and regulation is necessary for orderly functioning, provided it remains within constitutional limits.The court was hearing matters related to discrimination against women at religious places, including the Sabarimala temple in Kerala, along with broader questions on the scope of religious freedom and rights of denominations under the Constitution.The bench comprised Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.During the hearing, Justice Ahsanuddin Amanullah said the right to manage a religious institution cannot imply the absence of systems or procedures.”There cannot be anarchy.Take a dargah or a temple. There will be elements associated with the institution, the manner of worship, the sequence in which things are done. Somebody has to regulate that.”He said institutions require an authority or body to ensure proper management and order.The bench said while regulation is necessary, such powers cannot violate constitutional protections or permit discrimination.”It cannot be that everyone says I will do whatever I want, or that the gates remain open at all times without any control. So the question is, who is that body which manages. That is where protection comes in, because regulation is necessary. At the same time, it cannot transgress constitutional limitations. There cannot be discrimination on the broad constitutional parameters,” Justice Amanullah said.He added that every institution must have norms and functioning cannot be determined individually by each visitor or devotee.Senior advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, argued that the Chishti Nizami lineage associated with the dargah of Hazrat Khwaja Nizamuddin Aulia constitutes a religious denomination with the right to regulate entry and management.He told the court that a dargah is a place where a saint is buried and that the Sufi tradition accords deep reverence to such sites.”Within Islam, there are differing views regarding the status of saints after death, but in the Sufi system of belief, there is deep reverence attached to the place where a saint is interred.”Pasha said the Sufi tradition in India consists of several recognised orders, including Chishtiya, Qadriya, Naqshbandiya and Suhrawardiya, and that the present case concerns the Chishtiya order.”This system, I submit, clearly constitutes a religious denomination. If one looks at the teachings attributed to Hazrat Nizamuddin Auliya, there is emphasis on adherence to Islamic practices such as roza, namaz, hajj, zakat, and above all, faith,” he submitted.He argued that the right to regulate entry into a religious institution forms part of management rights guaranteed under the Constitution.The ongoing proceedings arise from issues referred to a larger bench after the Supreme Court’s 2018 Sabarimala judgment.A five-judge Constitution bench had, by a 4:1 majority in September 2018, struck down the ban on entry of women aged between 10 and 50 years into the Sabarimala Ayyappa temple, holding that the centuries-old practice was illegal and unconstitutional.The Supreme Court had earlier noted the challenge in judicially determining whether a practice is essential or non-essential to a religion.It observed that it was very difficult, if not impossible, for a judicial forum to define parameters for declaring a particular religious practice as essential or non-essential. The hearing in the matter is continuing.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosSalim Dola deported: Inside India’s big crackdown on D-Company’s global narcotics networkPM Narendra Modi’s Football Game In Gangtok Sparks Buzz Over Bengal Poll Message‘No Place For Double Standards’: Rajnath Singh Hails OP SINDOOR At SCO MeetAtishi Hits Back At BJP: Rejects Rijiju’s Claims, Calls AAP a Fast-Growing Political ForceAtishi Targets Modi, BJP Over Rs 2500 Promise; Asks ‘When Will Delhi Women Get Money?’”Tharoor Accepted Congress Is Anti-Women”: Rijiju’s Claim Puts Party On BackfootAfter Kejriwal, Sisodia Recuses Himself From Excise Case Hearing Before Justice SharmaIndia ‘Condemns’ Strikes On Commercial Vessels At UNSC MeetMumbai-Solapur Vande Bharat Express Derails On Diamond Crossing While Entering Pune StationFour Killed, 70 Hurt As Taliban Blames Pak Strikes, Peace Hopes Shaken123Photostories5 exercises that can tone down your thighsHow to make a small Bengaluru flat look bigger without spending much7 European vegetables that can grow in the balcony during this season“I am vegetarian, so I need to get my protein”: Sundar Pichai’s daily breakfast includes these 3 foodsIndia’s pilgrimage season is here: 10 pilgrimage sites to build your itinerary around4 harmful effects of screen time on child development5 dangerous pets that were created by humans against natureArsh Aulakh weds Mehreen Pirzada: Decoding the dreamy pink Anarkali Mehreen Pirzada wore for her Anand Karaj8 characteristics of investor-friendly residential locationsChef Pankaj Bhadouria’s High-Protein Paratha Premix offers 15 g protein per serving123Hot PicksAmit ShahMamata BanerjeeBengal Women VotersPM Rally GunfireAssembly Election 2026Bengal Oath CeremonyTrinamool CongressTop TrendingSaeed Sheikh AfridiTamil Nadu electionPM modiSalim DolaAssam HS 12th ResultManish SisodiaMumbai Watermelon Poisoning newsBengal PollsJack GrealishIPL Orange Cap


'There can’t be anarchy': SC hears Sabarimala case, flags need for structure in religious institutions

NEW DELHI: The Supreme Court on Tuesday observed that every religious institution must function under established norms and cannot operate in a state of anarchy, while hearing a batch of petitions linked to the Sabarimala temple case and issues concerning women’s entry at places of worship.A nine-judge Constitution bench said the right to manage a religious institution does not mean the absence of structure, and regulation is necessary for orderly functioning, provided it remains within constitutional limits.The court was hearing matters related to discrimination against women at religious places, including the Sabarimala temple in Kerala, along with broader questions on the scope of religious freedom and rights of denominations under the Constitution.The bench comprised Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.During the hearing, Justice Ahsanuddin Amanullah said the right to manage a religious institution cannot imply the absence of systems or procedures.“There cannot be anarchy.Take a dargah or a temple. There will be elements associated with the institution, the manner of worship, the sequence in which things are done. Somebody has to regulate that.”He said institutions require an authority or body to ensure proper management and order.The bench said while regulation is necessary, such powers cannot violate constitutional protections or permit discrimination.“It cannot be that everyone says I will do whatever I want, or that the gates remain open at all times without any control. So the question is, who is that body which manages. That is where protection comes in, because regulation is necessary. At the same time, it cannot transgress constitutional limitations. There cannot be discrimination on the broad constitutional parameters,” Justice Amanullah said.He added that every institution must have norms and functioning cannot be determined individually by each visitor or devotee.Senior advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, argued that the Chishti Nizami lineage associated with the dargah of Hazrat Khwaja Nizamuddin Aulia constitutes a religious denomination with the right to regulate entry and management.He told the court that a dargah is a place where a saint is buried and that the Sufi tradition accords deep reverence to such sites.“Within Islam, there are differing views regarding the status of saints after death, but in the Sufi system of belief, there is deep reverence attached to the place where a saint is interred.”Pasha said the Sufi tradition in India consists of several recognised orders, including Chishtiya, Qadriya, Naqshbandiya and Suhrawardiya, and that the present case concerns the Chishtiya order.“This system, I submit, clearly constitutes a religious denomination. If one looks at the teachings attributed to Hazrat Nizamuddin Auliya, there is emphasis on adherence to Islamic practices such as roza, namaz, hajj, zakat, and above all, faith,” he submitted.He argued that the right to regulate entry into a religious institution forms part of management rights guaranteed under the Constitution.The ongoing proceedings arise from issues referred to a larger bench after the Supreme Court’s 2018 Sabarimala judgment.A five-judge Constitution bench had, by a 4:1 majority in September 2018, struck down the ban on entry of women aged between 10 and 50 years into the Sabarimala Ayyappa temple, holding that the centuries-old practice was illegal and unconstitutional.The Supreme Court had earlier noted the challenge in judicially determining whether a practice is essential or non-essential to a religion.It observed that it was very difficult, if not impossible, for a judicial forum to define parameters for declaring a particular religious practice as essential or non-essential. The hearing in the matter is continuing.



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