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Sabarimala review petition – Supreme Court reserves judgment

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Sabarimala review petition

[vc_row][vc_column][vc_column_text]The Supreme Court today (Wednesday, Feb 6) reserved its order on petitions seeking review of its judgment allowing women of all ages to enter Sabarimala Ayyappa temple.

A five-judge Constitution Bench, headed by Chief Justice of India Ranjan Gogoi and also comprising also comprising Justices RF Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra, heard the matter for over four hours.

Interestingly, the Travancore Devaswom Board (TDB) that manages the Ayyappa temple did a U-turn today to say that women of all age groups should be allowed to pray there.

The Devaswom Board told the apex court that it has no objection to the entry of women inside the temple and urged the people to “gracefully” abide by the apex court’s verdict.

“People who are opposing entry of women in 10-50 age group in Sabarimala temple should accept the SC verdict gracefully and allowing entry of all women inside temple,” Devaswom Board told SC.

The board, which also comprise state government nominees, told the Constitution Bench that it is high time that a particular class not be discriminated on the ground of “biological attributes”.

“Article 25 (1) equally entitles all persons to practice religion,” senior advocate Rakesh Dwivedi, appearing for TDB, told the Bench.

“Women cannot be excluded from any walk of life on biological attributes … equality is the dominant theme of the Constitution,” said Dwivedi adding that people should gracefully accept the apex court verdict.

The board had earlier vehemently opposed the PIL by Indian Young Lawyers Association saying that the celibate character of Lord Ayyappa at Sabarimala temple was a unique religious feature which was protected under the Constitution.

Speaking to reporters later, the TDB chief said that the board accepts the top court’s September 28 verdict and believes that there should not be any discrimination.

“Based on the verdict (September 28) we have decided not to file a review petition. The board accepts the SC verdict and if of the opinion that there shouldn’t be any discrimination,” TDB president A Padmakumar was quoted as saying by news agency ANI.

Several organisations including the Nair Service Society (NSS) and the Thantri of the shrine, have sought reconsideration of the verdict.

During the hearing, the petitioners argued that the court cannot force its views upon the people of Kerala who, it said, have not accepted the verdict. The petitioner also claimed that the apex court’s verdict has resulted in disturbing the social peace in the state.

The first to present the case was senior advocate K Parasaran, who was appearing for the Nair Service Society. Speaking for more than 20 minutes, he submitted that the Constitution bench had failed to deal with the interplay of the Constitution’s Preamble and Articles 15, 17 and 25 of Constitution. Parasaran highlighted that Article 15 (prohibition of discrimination), which threw open all public institutions of secular character to all classes of person, conspicuously omitted religious institutions and therefore it was an error to strike down a temple custom under Article 15.

He also asserted that the Supreme Court’s September judgment did not consider the crucial aspect that Article 15 (2) does not cover religious places. The omission to consider this aspect constitutes an error apparent on record, the counsel submitted.

He argued that the practice was limited to a particular age group, and therefore cannot be equated with untouchability — which excluded an entire class of people. Parasaran concluded saying that the exclusionary practise in Sabarimala is based on the character of the deity, which is that of Naishtika Brahmachari or permanent celibate.

Appearing for the chief priest or Thantri of the Sabarimala temple, senior advocate V Giri reiterated that right to pray has been in consonance with the nature and form of the deity. He argued that the restriction in Sabarimala had been based on the character of the deity. Advocate VV Giri argued that any person who asserts right under article 25(2)(b) to worship has to do it in consonance with the nature of deity.

The Kerala government, however, opposed the review petition, saying that it was in agreement with last year’s verdict and urged dismissal of petitions seeking review of the verdict.

Advocate Jaideep Gupta, appearing for the Kerala government, made it clear that the government was opposing the review petitions as no grounds had been made out for review.  The state government said that the ban on women entry is not part of “essential practice of Hinduism” which have the protection of the Constitution of India.

Gupta asserted that essential practice of religion and essential practice of a temple cannot be confused and that exclusion of women from a temple was not essential to Hindu religion. “Every temple may be having its own practice. Court cannot go into the essential practices of every temple. That would mean each temple is a denominational temple. That will lead to the destruction of essential religious practise test,” he argued.

The Kerala government’s counsel also opposed arguments put forward by various petitioners that it was a private issue. “It is about public law issue unless they argue that women between age 10 to 50 are not a class of Hindus,” Jaideep Gupta said.

He also told the bench that it should not consider the tension and violence that followed the judgment. “That social peace has been destroyed is not a ground for reviewing the judgment. Constitutional invalidity cannot be permitted to go on,” he argued.

“Social harmony will ultimately prevail in the state,” the state government told SC.

On September 28, a five-judge constitution bench, headed by the then CJI Dipak Misra, in a 4:1 verdict had paved the way for entry of women of all ages into the shrine, saying the ban amounted to gender discrimination.[/vc_column_text][/vc_column][/vc_row]

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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