Can SC refer question of law to larger bench in review jurisdiction? Top court begins hearing to decide

This question arose during the hearing in the Sabarimala case which relates to religious discrimination against women at religious places.

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The Bench will also answer “what is the scope and extent of the word ‘morality’ under Articles 25 and 26"

A nine-judge Constitution bench of the Supreme Court Thursday began deliberations on the legal issue of whether the top court can refer questions of law to a larger bench while exercising its review jurisdiction. This question arose during the hearing in the Sabarimala case which relates to religious discrimination against women at religious places. A bench headed by Chief Justice S A Bobde is hearing the issues relating to discriminations against women at various places of worship including the Sabarimala temple.

The other members of the bench are Justices R Banumathi, Ashok Bhushan, L Nageswara Rao, M M Shantanagoudar, S A Nazeer, R Subhash Reddy, B R Gavai and Surya Kant. Many senior lawyers including Fali S Nariman, Kapil Sibal, Shyam Divan, Rajeev Dhavan and Rakesh Dwivedi argued on February 3 that while exercising review jurisdiction, the Supreme Court does not have the power to refer a question of law to a larger bench.

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First published on: 06-02-2020 at 11:51 IST
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