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In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.
However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.
Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.
Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.
Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.
The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.
Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.
  • a)
    The ban was unconstitutional as it violated Article 25.
  • b)
    The ban was constitutional as the government must ban animal sacrifice.
  • c)
    The ban was constitutional as the practice adversely affected public order, morality and health.
  • d)
    None of the above.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
In a bizarre order, the Supreme Court of India has decided to begin h...
Option (a) is incorrect as Article 25 is not an absolute right. It is subjected to public order, morality and health. By this line of argument, option (c) is the correct answer. Option (b) is out of scope.
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Most Upvoted Answer
In a bizarre order, the Supreme Court of India has decided to begin h...
Explanation:

Background:
The situation involves a religious practice that leads to pollution of a river on which many people depend for drinking water.

Analysis:
- The government's ban on the practice is justified as it is aimed at protecting public order, morality, and health.
- The practice of defecating in the open and polluting the river directly impacts the health of the people who rely on the river for drinking water.
- Public order can also be affected as it may lead to conflicts between different communities or result in public unrest.

Legal Perspective:
- While Article 25 guarantees the freedom to practice religion, this freedom is subject to public order, morality, and health.
- In this case, the ban on the religious practice is in line with these restrictions as it aims to protect the health and well-being of the people dependent on the river.
- Therefore, the ban is constitutional as it is justified by the need to maintain public order, morality, and health.
Therefore, option c) "The ban was constitutional as the practice adversely affected public order, morality and health" is the correct answer.
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Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. Based on the author's argument in the last paragraph of the passage, which of the following statements is/are correct?

The demand for speedy retributive justice in the recent heinous crime done against a veterinarian has brought into light the question of extra-constitutional killings. The public sentiments, political demand of public lynching of rapists inter-alia have raised the debate whether a democratic country should follow the constitutional norms and adhere to the due process of law or shall it adopt the measures of retributive justice to bring instant and speedy justice to the victim.Retributive justice is a system of criminal justice based on thepunishment of offenders rather than on rehabilitation where as in REFORMATIVE THEORY the object of punishment should be the reform of the criminal, through the method of individualization. It is based on the humanistic principle that even if an offender commits a crime, he does not cease to be a human being.From protests on the ground, to the commentary on social media, to MPs in Parliament, the demand for the instant killing of the accused from all corners created the public opinion for theabandonment of the rule of lawthat appears to have led to the incident.Justice in any civilised society is not just about retribution, but also about deterrence, and in less serious crimes,rehabilitationof the offenders.There is a procedure prescribed by the law for criminal investigation which is embedded in constitutional principles.Article21of the Constitution (which is fundamental and non-derogabl e) states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.Also in theSalwa Judum case in 2011a core constitutional precept was set out that in modern constitutionalism no wielder of power can be allowed to claim the right to perpetrate state’s violence against anyone. This is also the touchstone of the constitutionally prescribed rule of law(Article 14).Hence,it is the responsibility of the police, being the officers of government, to follow the Constitutional principles and uphold the Right to Lifeof every individual whether an innocent one or a criminal.According toDr. B.R. Ambedkar,the pathways of justice are not linear nor without obstacles. But we have, as a people, chosen the route of democracy and the Constitution, so we really have no option but to school ourselves in constitutional morality that with time must replace public moralityQ.What does the author mean by Retributive Justice?

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble.The Preamble expresses the ideals and aspirations of a renascent India. By the year 1949, the Constituent Assembly had completed the drafting of the Fundamental Rights Chapter. Fundamental Rights are constitutional guarantees for the human rights of our people. These rights were one of the persistent demands of our leaders throughout the freedom struggle. The founding fathers were conscious of the fact that mere political democracy, i.e., getting the right to vote once in five years or so was meaningless unless it was accompanied by social and economic democracy. Dr. Ambedkar had said:"We do not want merely to lay down a mechanism to enable people to come and capture power. The Constitution also wishes to lay down an ideal before those who would be forming the government. That ideal is of economic democracy."Our founding fathers, however, were far-sighted people therefore they consolidated the principles of good governance as Directive Principles contradistinguished from issues of rights, government and politics.That is how the vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties.Q. The state government decided not to charge any amount from lady passengers travelling on state run busses. The move was taken with a view to ensure protection and safety for lady commuters. Inevitably, this caused great rush in busses during peak office hours. Arvind, a daily commuter filed a petition before the High Court stating that the government's decision is violative of fundamental rights as it is discriminatory. Based on the passage, choose the most appropriate option.

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In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer?
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In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer?.
Solutions for In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice In a bizarre order, the Supreme Court of India has decided to begin hearing the petitions seeking review of its previous judgement on the Sabarimala issue from January 13, 2020. A nine-judge constitution bench has been formed to hear the sensitive case. The court will also take up other contentious issues for hearing such as alleged discrimination against Muslim and Parsi women.However, the ambit of review power conferred under Article 137 of the Constitution is extremely limited: The review court must examine the correctness of the judgment under review to ascertain if it suffers from glaring omissions, a patent mistake or grave errors apparent on the face of record. Petitions seeking review of judgments are allowed in rare instances. In Chandra Kanta vs Sheikh Habib, the Court held that Article 137 would not permit ordering of a fresh hearing by a larger bench without scrutiny of judgment under review and without pointing out a grave error apparent on the face of record. None of this has been done by the majority in the Sabarimala review judgment. Simply put, the majority opinion is erroneous.Justices R.F. Nariman and D.Y. Chandrachud dissented and opined against reviewing the original judgment. They held that what a future Constitution Bench (if ever formed) may do was not relevant to the adjudication of the review petitions, which had to be decided in accordance with well established parameters. Since none of the grounds for review had been made out, they held that the petitions were liable to be dismissed.Incorrect as it appears to be, the majority view in the Sabarimala review petitions has served one purpose: it has revived the debate around judicial interference in matters of faith. The constitution doesn’t define religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice and propagate religion. However, the right is made subject to public order, morality and health.Article 26 allows every religious denomination or any of its sections to (a) establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law. This too is made subject to public order, morality, and health.The refusal to test personal laws on the touchstone of fundamental rights means that the validity of religious law will continue to be decided on a judge’s interpretation of religious texts. At the risk of repetition, the majority judgment in the Sabarimala review petitions is flawed. It, however, presents us with an opportunity to move towards a religious jurisprudence, which is entrenched in the Constitution rather than in religious text.Q. During a certain religious occasion, members belonging to a particular religion in state X have a tenet to defecate in the open. They usually do it at the banks of a river Y thereby polluting the river. About 5000 people in the neighbouring region depend on the river for drinking water. The government bans the practice. Members of the community challenge the government order on the grounds that it violates their fundamental right under Article 25. Decide.a)The ban was unconstitutional as it violated Article 25.b)The ban was constitutional as the government must ban animal sacrifice.c)The ban was constitutional as the practice adversely affected public order, morality and health.d)None of the above.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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