The Supreme Court of India will constitute a nine-judge Constitution bench to hear a batch of petitions relating to alleged discrimination against women at religious places, including Kerala’s Sabarimala Temple, from April 7.

An administrative order by the Chief Justice of India will set up the bench, which will commence hearing at 10.30 am on April 7. The court has directed parties, including the Kerala government, to file their written submissions on or before March 14, 2026.

In its latest order, the court noted that objections had earlier been raised regarding the maintainability of the reference to a larger bench. However, in February 2020, a nine-judge bench had conclusively held that the apex court could refer questions to a larger bench even at the review stage. The issue of maintainability has thus “attained finality” and will not detain the court further.

Referring to its February 10, 2020 order, the court recalled that seven questions of law were framed for determination by a nine-judge bench. The upcoming hearings are aimed at finally settling the legal issues that remain pending in the matter.

Hearing schedule

As per the schedule:

• Review petitioners and parties supporting them will be heard from April 7 to April 9.
• Original writ petitioners, those opposing the review pleas, or supporting them, will be heard from April 14 to April 16.
• Rejoinder submissions, if any, will be taken up on April 21.
• Final and concluding submissions by the amicus curiae are expected to conclude by April 22.

Krishan Kumar Singh has been appointed nodal counsel on behalf of the review petitioners. Advocate-on-Record Shivam Singh will assist amicus K Parmeswar and prepare written submissions reflecting the stand of all parties. When a plea was made to change the hearing dates, the Chief Justice observed that the nine-judge bench matter was “more important than anything else” and asked lawyers to adjust their other cases accordingly.

2018 verdict and review petitions
The review petitions arise from the apex court’s September 28, 2018 judgment delivered by a five-judge Constitution bench headed by then Chief Justice Dipak Misra. The bench had allowed entry of women of all age groups into the Sabarimala temple, holding that the practice of excluding women between the ages of 10 and 50 amounted to gender discrimination and violated constitutional principles.

The verdict had triggered widespread protests across Kerala, with devotees and several political parties demanding protection of traditional customs associated with the hill shrine dedicated to Lord Ayyappa. The CPM-led LDF government in Kerala had moved to implement the judgment at the time.

In 2020, the state government informed the Supreme Court that 51 women had entered Sabarimala after the 2018 verdict. It furnished details including names, addresses and Aadhaar information. According to the submission, most of the women were from Andhra Pradesh, Tamil Nadu, Telangana and Goa, and none were from Kerala.

The batch of cases to be heard alongside the Sabarimala review petitions includes issues concerning Muslim women’s entry into dargahs and mosques, the entry of Parsi women into fire temples after marrying non-Parsi men, and the validity of the practice of female genital mutilation in the Dawoodi Bohra community.
(With LiveLaw inputs.)