- Jun 11, 2026
- His Holiness Jainacharya Yugbhushan Suriji
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On the Reserved Verdict in the Sabarimala Review Case: An Open Letter
Save Religion To Nine-Judge Constitution Bench, Supreme Court of India, New Delhi. AN OPEN LETTER Subject: On the Reserved Verdict in the Sabarimala Review Case I. The Occasion On the 20th of January 2020, shortly after the Sabarimala matter was referred for reconsideration to a larger Bench of this Court, I had the occasion to address an open letter to the then Chief Justice of India, Justice Sharad Arvind Bobde. In that letter, I placed two witnesses from the world's own constitutional memory — the Magna Carta of 1215, whose very first clause secured that “the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable” (one of only four of its sixty-three clauses still alive in English law to this day); and the address of Pope Paul VI to the United Nations on the 4th of October 1965, in which he asserted the necessity of “temporal sovereignty — the minimum needed in order to be free to exercise his spiritual mission.” While the one who commanded absolute spiritual sovereignty in his sphere demanded the need for temporal sovereignty to sustain his spiritual mission. The Indian tradition, by contrast, neither fused the two powers into a single authority nor laid claim to absolute dominance in any one domain and had an architecture of non-interference between the two domains. Yet, despite this being the foundational Indian inheritance, the spiritual mission of Indian religions has remained subject to frequent State interference even after Independence by the democratic government. In that letter, I had asked the Court to consider fundamental religious issues at large. Fortunately, within a short time, this Court framed broader constitutional questions for consideration, not merely relating to the Sabarimala matter, but relating to the deeper analysis of Articles 25 and 26. The hearing has now concluded — nearly a hundred counsels heard, more than twenty precedents examined, the conflicts of seven decades surveyed in a single proceeding. In its breadth, the deliberation on Articles 25 and 26 has perhaps surpassed even that of the Constituent Assembly itself. The judgment that emerges will not remain confined to a single temple or denomination. It will stand as the foundational precedent on religious rights for generations to come. Its reach will not be limited to India, but hopefully will extend further. This is a moment for India to demonstrate — to the world, and to the Global South in particular — that a great civilisation may be restored, re-rooted, and re-asserted through its own constitutional voice. The future of more than 1.4 billion citizens, and the eyes of every civilisation that has lived through colonial imposition, shall rest upon this Bench. The thoughts that follow belong not to one religion alone, but to every Indian religious tradition — and to everyone who believes that Bharat's pluralism is its deepest civilisational achievement. May the Bench's deliberations be guided by clarity, by foresight, and by faithfulness to the civilisational continuity of Bharat. II. The Civilisational Architecture of Bharat Before turning to the constitutional propositions, it is imperative to acquaint oneself with India's civilisational architecture — for it is upon this architecture, and not upon any borrowed framework, that Articles 25 and 26 must necessarily rest. Since time immemorial, Bharat has recognised two separate and mutually independent domains of human life — the temporal and the spiritual. These two domains are not merely different in subject matter; they are profoundly different in their very nature, in the source of their authority, in their methods of governance, and in their ultimate purposes. They have run, for millennia, as two parallel streams — each operating by its own internal law, each governed by an entirely distinct system of authority, neither interfering with the other. This is not a modern theory invented for present convenience. It is recorded with precision in the most ancient texts of the Bharatiya scriptural tradition. The Sukra Niti, one of the most authentic texts of Indian Rajniti, affirms the same architecture, placing the religious authority on a footing of independence equal to that of the temporal sovereign. अस्वतन्त्राः प्रजाः सर्वाः स्वतन्त्रः पृथिवीपतिः । अस्वतन्त्रः स्मृतः शिष्यः आचार्यो तु स्वतन्त्रता ॥ 4.5.268 ॥ Independents are kings (temporal authority) and Acharya (religious authority). All the subjects and disciples are not independent. Similarly, Vyas Rishi in the Mahabharat distinguishes three distinct modes of governance — temporal (Bhartu-pratyaya), spiritual (Veda-pratyaya), and cultural (Maula) — and confines the State's authority strictly to the first. भर्तृप्रत्यय उत्पन्नो व्यवहारस्तथापरः । तस्माद् यः स हितो दृष्टो भर्तृप्रत्ययलक्षणः ॥ 12.1.50 ॥ व्यवहारस्तु वेदात्मा वेदप्रत्यय उच्यते । मौलश्च नरशार्दूल शास्त्रोक्तश्च तथा परः ॥ 12.1.51 ॥ The conduct with respect to temporal matters is called Bhartu-pratyaya-lakṣaṇa; it is regarded as beneficial for the temporal world (temporal sphere). The mode of conduct or judgment applied to an offender who practises faults with respect to religion is called Veda-pratyaya — this is to be dealt with by the religious sphere. The deliberation or conduct applied in cases of offences involving the breach of established family or community customs is called Maula. In this case too, the punishment prescribed by the Śāstras alone is to be applied (cultural sphere). To preserve the spiritual domain as a self-governing sphere distinct from the temporal — every Indic religion has, for millennia, governed itself through a five-fold intrinsic autonomy prescribed by its own tenets. • Delegation of rights — the conferment and delegation of religious rights and privileges by the religious head; • Internal governing systems — succession lineages, scriptural mandates, and institutional hierarchies; • Internal reform — the capacity to evolve from within, as each religion itself has done over centuries; • Grievance redressal — internal mechanisms for the resolution of religious disputes; • Disciplinary authority — the power to admit, ordain, discipline, and where necessary, excommunicate. These five powers, taken together, constitute the architecture by which the Mathas, the Takhts, the Jain Acharya lineages, the Sangha, and every other ancient religious institution of this land have preserved themselves across millennia, preceding the Republic by centuries. Every interpretation of Articles 25 and 26 must therefore rest, ultimately, on this foundation. This is why Article 26 was placed in the Constitution by the drafters precisely to preserve such five-fold autonomy. III. What Is Religion? And Where Do Religious Rights Come From? On the occasion of deliberating on religious rights in the constitutional sense, the first logical step is to ask threshold questions: what is religion, and where do religious rights come from? Without clarity on these two foundational questions, no interpretation of Articles 25 and 26 can reach a conclusion. Defining Religion The Constitution uses the word “religion” in over twenty places — yet leaves it undefined. For seventy-six years, Indian religion has been measured through the borrowed Latin lens of religio — meaning “to bind together” — a word fashioned for the Roman civic order, where competing cults required a binding social glue. India's society did not need religion to be bound; it was already bound by social values. In the Bharatiya civilisational sense — as Swami Vivekananda and Dr. S. Radhakrishnan, the second President of the Republic, both affirmed — religion is rooted in philosophy. It is Darshana — a worldview of truth, reality, and right living. “Religion without philosophy runs into superstition; and philosophy without religion becomes a dry atheism… Philosophy of course, is the essence of every religion.” “Philosophy and religion are two aspects of a single movement.” “Philosophy of religion is religion come to an understanding of itself.” Religion ought therefore to be understood as: “A legal entity built upon an independent core philosophy, mostly centred on an extra-sensory element, providing a distinct worldview of truth, reality, and right living, and encompassing philosophy, scriptures, practices, followers, and institutions.” Within each religion exist Sampradayas (denominations) — groups sharing the core philosophy but differing in specific ritual or interpretation. The Constitution's own distinction in Articles 16(5) and 27 between religion and religious denomination recognises this very difference. Without a definition, the beneficiary of the right remains perpetually vague; Indian religion continues to be measured through a borrowed Latin lens; and the confusion between the secular and the religious remains unresolved, leaving the scope of State action under Article 25(2) uncertain. Source of Religious Rights Religion did not begin with the Constitution. Articles 25 and 26 do not create the right to religious freedom — they only recognise and guarantee their protection, as these rights long predate the State itself. Though Article 13 uses the word ‘conferred’, this Court has observed in M. Nagaraj v. Union of India: “It is a fallacy to regard fundamental rights as a gift from the State to its citizens. Part III of the Constitution does not confer fundamental rights. It confirms their existence and gives them protection.” The same principle was affirmed in I.R. Coelho and in K.S. Puttaswamy. As Khanna J. observed in Kesavananda Bharati, the Objectives Resolution of 13 December 1946 — adopted before the Constitution itself was framed — already guaranteed “freedom of thought, expression, belief, faith and worship.” The Constitution did not invent these rights. It found them already in existence and undertook to protect them. IV. Conclusion “There is a richness in their poverty. The inner strength of our people, which enables them to be dignified and to hold their heads high despite their adversity, is the result of our age-old tradition of spiritual values.” The civilisation that the framers inherited was held together not by changing empires, armies or treasuries — those rose and fell with the centuries — but by its spiritual values. That inner strength — that richness in poverty — is the country's true wealth. It must be recognised that what lies before you is not merely a responsibility but a historic opportunity — the judgment sought is no favour to be granted; it is a corrective justice long deserved. ।। यतो धर्मः ततो जयः।। With blessings, Dharmalabh Jainacharya Yugbhushan Suriji Maharaja- Jun 11, 2026
- Swami Pranaka
