SC recalls order on Karnataka Hindu bodies law amid Sabarimala reference hearing

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A bench of Justices PS Narasimha and Alok Aradhe has recalled its February 11 order reserving the judgment in the matter after the parties pointed out that the decision in the Sabarimala reference would have an impact on it. (File Photo)With the Supreme Court already examining the constitutional right of state to control religious affairs in the Sabarimala reference hearing, a two-judge bench of the Apex court has recently recalled its order reserving judgment on petitions pertaining to the validity of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997, deciding to await the outcome of the former.A bench of Justices PS Narasimha and Alok Aradhe has recalled its February 11 order reserving the judgment in the matter after the parties pointed out that the decision in the Sabarimala reference would have an impact on it.“We recall our order…It is the common say of all the learned counsels that the issues before the nine Judges Constitution Bench…are identical to the issues arising in the present batch of appeals. It is admitted that the principle laid down in the nine Judges Constitution Bench will have a direct bearing in this batch of appeals,” the bench said on April 24.The court said the appeals may now be posted for hearing “after the judgment of the nine Judge Constitution Bench is delivered.”Following this, the Karnataka government filed an appeal before the court.The law was brought to fulfil “a long-standing public demand to bring about a uniform law to provide for the regulation of all charitable endowments and Hindu religious institutions in the state” and replace a bunch of earlier laws governing the said bodies.A single judge of the Karnataka High Court had in September 2005 upheld the Act, but a division bench later struck it down in September 2006, holding it unconstitutional. The court then said that the law violated Articles 14 and 16 of the Constitution, but clarified that its order would only operate prospectively, thereby meaning that all past actions would remain protected.Story continues below this adThe division bench had upheld the argument that the law excluded mathas and denomination temples without any justification, thereby defeating the government’s stated objective of having a uniform legislation.The nine-judge bench of the Supreme Court is examining seven constitutional questions arising from review petitions challenging the September 27, 2018 SC judgment striking down age restrictions on the entry of women to the Sabarimala temple.One of the key questions before the bench is the interplay between Article 25 and 26 of the constitution. While Article 26(b) gives religious denominations the right to manage their own religious affairs subject to public order, morality and health, Article 25(2) empowers the state to regulate economic, political or secular activities of such institutions. © The Indian Express Pvt Ltd