Professional Documents
Culture Documents
WITH
[1]
Diary No. 40887-2018, Diary No. 40888-2018,Diary No.
40898-2018, R.P.(C) No. 3457/2018 in W.P.(C) No. 373/2006,
Diary No. 40910-2018, Diary No. 40924-2018, Diary No.
40929- 2018, Diary No. 41005-2018, Diary No. 41091-2018,
W.P.(C) No. 1339/2018, Diary No. 41264-2018, R.P.(C) No.
3473/2018 in W.P.(C) No. 373/2006, Diary No. 41395-2018,
Diary No. 41586-2018, R.P.(C) No. 3480/2018 in W.P.(C) No.
373/2006, Diary No. 41896-2018, Diary No. 42085-2018,
Diary No. 42264- 2018, Diary No. 42337-2018, MA
No.3113/2018 in W.P.(C) No. 373/2006, Diary No. 44021-
2018, Diary No. 44991-2018, Diary No. 46720-2018, Diary
No. 47720-2018, Diary No. 2252-2019, R.P.(C) No. 345/2019
in W.P.(C) No. 373/2006, Diary No. 2998-2019, W.P.(C) No.
472/2019
ORDER
S.A.BOBDE, CJI
[2]
larger bench for resolution of the questions raised in the
[3]
judicial review in matters pertaining to essential religious
[4]
Constitution and other provisions in Part III,
particularly Article 14.
(ii) What is the sweep of expression ‘public
order, morality and health’ occurring in Article
25(1) of the Constitution.
(iii) The expression ‘morality’ or ‘constitutional
morality’ has not been defined in the Constitution.
Is it over arching morality in reference to preamble
or limited to religious beliefs or faith. There is
need to delineate the contours of that expression,
lest it becomes subjective.
(iv) The extent to which the Court can enquire
into the issue of a particular practice is an integral
part of the religion or religious practice of a
particular religious denomination or should that be
left exclusively to be determined by the head of
the section of the religious group.
(v) What is the meaning of the expression
‘sections of Hindus’ appearing in Article 25(2)(b)
of the Constitution.
(vi) Whether the “essential religious practices” of
a religious denomination, or even a section thereof
are afforded constitutional protection under Article
26.
(vii) What would be the permissible extent of
judicial recognition to PILs in matters calling into
question religious practices of a denomination or a
section thereof at the instance of persons who do
not belong to such religious denomination?
[5]
The review petitions were adjourned till the
them as no ground for review was made out. The fresh Writ
[6]
were to follow later. On the same day we had also re-
[7]
7. By this order, we are giving reasons to support the
petition.
[8]
referred to a larger bench in accordance with the proviso to
its inherent powers. This Court can make any order which is
[9]
petition, submissions were made by both sides regarding
[10]
are to be entertained. The Supreme Court Rules which were
[11]
or orders arising out of proceedings other than civil and
criminal proceedings.
Writ Petition.
[12]
orders passed in Writ Petitions filed under Article 32 of the
Constitution of India.
3 Aswini Kumar Ghose and another vs. Arabinda Bose and another. 1953 (4) SCR 1
4 (1988) 4 SCC 21
[13]
namely ‘and does not reasonably need the house’ governs
[14]
words ‘stocks’ clearly indicates that the clause “stocks or
proceedings.
[15]
proceeding. Several judgments were cited in support of this
case was made after grant of review. But that does not
petition.
[16]
who shall thereupon constitute such a bench for
the hearing of it.”
7 Babu Lal vs. Hazari Lal Kishori Lal [1982] 1 SCC 525
8 Powers, Privileges and Immunities of State Legislatures,
In re (Keshav Singh case), (1965) 1 SCR 413.
See also Naresh Mirajkar v. State of Maharashtra, (1966) 3 SCR 744
[17]
23. No matter is beyond the jurisdiction of a superior Court
of England, 4th Edition Vol. 10, para 713, relied upon in the
[18]
24. Furthermore, the reference can be supported by
[19]
is satisfied that it is necessary to do so for the sake of
that the reference in that case was made to finally settle the
[20]
27. Regarding the contention that pure questions of law
One such instance was when this Court was convinced that
[21]
Judge Constitution Bench, which referred the issue relating
[22]
consists of less than five Judges and in the course of the
hearing of the appeal the Court is satisfied that the appeal
involves a substantial question of law as to the
interpretation of this Constitution the determination of
which is necessary for the disposal of the appeal, such
Court shall refer the question for opinion to a Court
constituted as required by this clause for the purpose of
deciding any case involving such a question and shall on
receipt of the opinion dispose of the appeal in conformity
with such opinion.”
[23]
30. For the aforementioned reasons, the instant review
are maintainable.
……..……………………….. CJI.
(S. A. BOBDE)
…………………………………..J.
(R. BANUMATHI)
…………………………………..J.
(ASHOK BHUSHAN)
…………………………………..J.
(L. NAGESWARA RAO)
…………………………………..J.
(MOHAN M. SHANTANAGOUDAR)
………..………………………...J.
(S. ABDUL NAZEER)
…………………………………..J.
(R. SUBHASH REDDY)
…………………………………..J.
(B.R. GAVAI)
[24]
IN THE SUPREME COURT OF INDIA
CIVIL INHERENT/ORIGINAL JURISDICTION
Versus
WITH
SLP(C) No. 18889/2012, W.P.(C) No. 286/2017, R.P.(C) No. 3359/2018 in
W.P.(C) No. 373/2006, Diary No. 37946-2018, R.P.(C) No. 3469/2018 in
W.P.(C) No. 373/2006, Diary No. 38135-2018, Diary No. 38136-2018, R.P.
(C) No. 3449/2018 in W.P.(C) No. 373/2006, W.P.(C) No. 1285/2018, R.P.
(C) No. 3470/2018 in W.P.(C) No. 373/2006, R.P.(C) No. 3380/2018 in
W.P.(C) No. 373/2006, R.P.(C) No. 3379/2018 in W.P.(C) No. 373/2006,
R.P.(C) No. 3444/2018 in W.P.(C) No. 373/2006, R.P.(C) No. 3462/2018 in
W.P.(C) No. 373/2006, Diary No. 38764-2018, Diary No. 38769-2018,
Diary No. 38907-2018, R.P.(C) No. 3377/2018 in W.P.(C) No. 373/2006,
Diary No. 39023-2018,Diary No. 39135-2018,Diary No. 39248-2018,
Diary No. 39258-2018, Diary No. 39317-2018, W.P.(C) No. 1323/2018,
W.P.(C) No. 1305/2018, Diary No. 39642-2018, R.P.(C) No. 3381/2018 in
W.P.(C) No. 373/2006, Diary No. 40056-2018, Diary No. 40191-2018,
Diary No. 40405-2018, Diary No. 40570-2018, Diary No. 40681-2018,
Diary No. 40713-2018, Diary No. 40840-2018, Diary No. 40885-2018,
Diary No. 40887-2018, Diary No. 40888-2018,Diary No. 40898-2018, R.P.
(C) No. 3457/2018 in W.P.(C) No. 373/2006, Diary No. 40910-2018, Diary
No. 40924-2018, Diary No. 40929-2018,Diary No. 41005-2018, Diary No.
41091-2018, W.P.(C) No. 1339/2018, Diary No. 41264-2018, R.P.(C) No.
3473/2018 in W.P.(C) No. 373/2006, Diary No. 41395-2018, Diary No.
41586-2018, R.P.(C) No. 3480/2018 in W.P.(C) No. 373/2006, Diary No.
41896-2018, Diary No. 42085-2018,Diary No. 42264-2018, Diary No.
42337-2018, MA 3113/2018 in W.P.(C) No. 373/2006, Diary No. 44021-
2018, Diary No. 44991-2018,
Diary No. 46720-2018, Diary No. 47720-2018, Diary No. 2252-2019,
R.P.(C) No. 345/2019 in W.P.(C) No. 373/2006, Diary No. 2998-2019, W.P.
(C) No. 472/2019
[25]
ORDER
….………………………………..CJI.
[S.A. BOBDE]
….………………………………..J.
[R. BANUMATHI]
….………………………………..J.
[ASHOK BHUSHAN]
….………………………………..J.
[L. NAGESWARA RAO]
….………………………………..J.
[MOHAN M. SHANTANAGOUDAR]
….………………………………..J.
[S. ABDUL NAZEER]
….………………………………..J.
[R. SUBHASH REDDY]
….………………………………..J.
[B.R. GAVAI]
….………………………………..J.
[SURYA KANT]
NEW DELHI
FEBRUARY 10, 2020
[26]
IN THE SUPREME COURT OF INDIA
CIVIL INHERENT/ORIGINAL JURISDICTION
IN
Versus
WITH
[27]
2018, Diary No. 2252-2019, R.P.(C) No. 345/2019 in W.P.(C) No.
373/2006, Diary No. 2998-2019, W.P.(C) No. 472/2019
ORDER
[28]
….………………………………..J.
[R. BANUMATHI]
….………………………………..J.
[ASHOK BHUSHAN]
….………………………………..J.
[L. NAGESWARA RAO]
….………………………………..J.
[MOHAN M. SHANTANAGOUDAR]
….………………………………..J.
[S. ABDUL NAZEER]
….………………………………..J.
[R. SUBHASH REDDY]
….………………………………..J.
[B.R. GAVAI]
….………………………………..J.
[SURYA KANT]
NEW DELHI
FEBRUARY 10, 2020
[29]