The Supreme Court of India has observed that public roads cannot be blocked in the name of religious activities. If such actions interfere with public order or secular functions, the government is empowered to step in. This remark was made on Tuesday by a nine-judge Constitution bench headed by Chief Justice Surya Kant during hearings in the Sabarimala case.
The Court emphasized that while the Constitution grants religious denominations autonomy in deciding their modes of worship, this freedom is not absolute. State intervention is justified when such practices disrupt public order or civic life. For instance, a religious institution cannot shut down surrounding public roads for festivals.
The bench further clarified that the management of religious institutions must be structured and rule-based. There must be established procedures governing their functioning, and arbitrary or chaotic practices cannot be permitted.
Justice Amanullah noted that while regulation is necessary, it must remain within constitutional limits. He stressed that no discrimination can be justified under broad constitutional principles, and individuals cannot impose rules at their own discretion—every institution must function under defined norms.
The Court also reiterated its earlier stance that it is extremely difficult for the judiciary to determine whether a religious practice is essential or not.
During the hearing, Advocate Nizam Pasha, appearing for Pirzada Syed Altamash Nizami, argued that regulating entry into religious institutions is part of their management rights. However, Justice Amanullah responded that management cannot exist without a proper framework—clear procedures must be in place for all aspects of functioning.
The matter is still under consideration.
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