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Sabarimala women's entry - constitution bench
October 14 , 2017
2599 days
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- The Supreme Court referred to a five-judge Constitution Bench the question whether the fundamental right of women to pray at the place of their choice can be discriminated against solely based “on a biological factor exclusive to the female gender.”
- The questions for the Constitution Bench to decide were framed by a three-judge Bench of Chief Justice of India Dipak Misra and Justices R. Banumathi and Ashok Bhushan.
- The Constitution Bench will decide whether
- Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 allows a ‘religious denomination’ to ban entry of women between the age of 10 to 50 years.
- If so, does this amount to discrimination and violation of the fundamental rights to equality and gender justice.
- Constitution bench is the name given to the benches of the Supreme Court of India which consist of at least five judges of the court which sit to decide any case “involving a substantial question of law as to the interpretation” of the Constitution of India.
- This provision has been mandated by Article 145 (3) of the Constitution of India.The Chief Justice of India has the power to constitute a Constitution Bench and refer cases to it.
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