In a key step, the Supreme Court on Monday scheduled a series of review and writ petitions concerning a September 2018 judgment, which allowed women of menstruating age to enter into the Sabarimala temple in Kerala, for hearing before a nine-judge Constitution Bench from April 7, 2026.
The Bench will examine seven important legal questions concerning religious rights and freedom. A Bench comprising Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and Vipul M Pancholi on Monday asked the parties to the case to file their written submissions in the matter by March 14.
"We may advert to order dated February 10, 2020, framing the seven questions to be determined by the nine-judge bench. With a view to answer the questions that remained pending, we direct parties to file their written submissions on or before March 14, 2026," the Court said in its order on Monday. It also laid down the timeline to be followed by the lawyers arguing the matter. The hearing will conclude on April 22.
"The nine judge bench will begin hearing the Sabarimala review case on April 7, 2026 at 10:30 am. The review petitioners or the party suporting them shall be heard from April 7 to April 9. The ones opposing the review shall be heard on April 14 to April 16. The rejoinder submissions, if any, will be heard on April 21, followed by the final and concluding submissions by the learned amicus, which is expected to be over by April 22. The parties shall adhere to the above time schedule. The nodal counsels in consultation with arguing counsel of the parties shall prepare the internal arrangement, so that oral submissions from both sides can be heard within the stipulated timeline," the Court directed.
Pertinently, the Central government on Monday told the Court that it was supporting the review petitions in Sabarimala case, which challenges the 2018 verdict on entry of women to the temple. "We are supporting the review my lord," Solicitor General Tushar Mehta said on behalf of the Central government. "There are some unforeseen bridges that we may have to cross while hearing the case," the Bench remarked.
The issues goes back to the top court's September 2018 verdict in which a five-judge Constitution Bench, by a majority of 4:1, allowed women of all ages to enter the hilltop shrine in Kerala. That decision overturned the tradition that restricted the entry of women of menstruating age. The ruling triggered widespread protests across Kerala and led to dozens of review petitions being filed by various individuals as well as organisations before the Apex Court.
In November 2019, the Supreme Court pronounced its judgment on the review petitions but did not decide the matter one way or the other. The nine-judge Bench's decision will determine how the Sabarimala review petitions are decided and whether women will be allowed entry to the temple. It will also impact other pending cases regarding entry of Muslim women in durgah/mosque, of Parsi Women married to a non-Parsi in the 'Agyari' and the practice of female genital mutilation among the Dawoodi Bohra community.
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