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Published on 8 April 2026
In a major development in the saga of the Sabarimala case The Government of India has placed complete written submissions to a Constitutional Bench comprised of nine judges from the Supreme Court of India.
The Centre has asked the court to formulate an unambiguous and long-lasting court policy that outlines the manner in which constitutional courts must resolve conflicts over religion, Public Interest Litigations (PILs), and the definition of religious freedom.
The documents, which were presented by solicitor general Tushar Mehta, call for a more strict separation between religious and secular court practices, possibly reshaping the way that religious issues are dealt with in India.
Top 10 Arguments by the Centre
1. Restricting Religious PILs
The Centre has stated that people who don’t adhere to the particular religion shouldn’t be able to file a petition contesting the practices of that faith. It has emphasized the concept that there is a “locus standi,” stating only true devotees be able to challenge religion-related practices.
2. Questioning “Constitutional Morality”
The government has questioned the validity of the notion Constitutional morality particularly following its use to the 2017 Sabarimala decision. The government believes that courts should be based on moral societal norms instead of abstract doctrines of judicial procedure.
3. Scrapping the Essential Religious Practices Test
The Centre has demanded the elimination from the “Essential Religious Practices” (ERP) test, claiming judges lack understanding of theology needed to define what constitutes a fundamental religious belief.
4. Bias Against Hinduism’s Diversity
According to the Centre, the current legal procedures unfairly harm Hindu practices because of their decentralized and pluralistic nature and their lack of structure, in contrast to other religions.
5. Respecting the Deity’s Character
The government has defended the celibacy of Lord Ayyappa at the Sabarimala Temple, arguing that the religious practices have their roots in god’s distinctive character and shouldn’t be judged by the lens of a secular one.
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6. Article 25 Interpretation
The Centre clarified that Article 25 ensures equality between religions (inter-faith) but not within a specific religion (intra-faith) in opposition to claims for gender-based changes through the courts.
7. Balancing Individual vs Collective Rights
It also introduced it as the “doctrine of optimization,” it stated that individual rights shouldn’t outweigh the collective faith of a plethora of followers.
8. Reform is Legislature’s Domain
The submissions stressed the fact that religious reforms fall within the authority of the legislature and not the judiciary in accordance with the Constitutional laws.
9. Temple Entry Laws Context
The Centre claimed that the temple entry regulations were initially meant to stop discrimination based on caste but not to ensure gender equality in the rituals.
10. Adopting the “Sincerity Test”
In lieu of ERP as a solution, government suggested the idea of a “sincerity test,” where courts determine whether an opinion is truly held, and not the necessity.
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Why This Case Matters
It is believed that the Sabarimala case is much more than a temple entrance issue. It could alter the lines between law and religion in India. A decision of the Supreme Court of India may establish a precedent for future cases involving religion gender rights, religious beliefs, as well as the interpretation of the Constitution.
With the debates about the freedom of religion, judicial intervention and constitutional principles escalating this case could be poised to have a wide-ranging impact across the nation.
