SC Says Religious Management Cannot Mean “Anarchy”, Calls for Clear Norms

The Supreme Court of India on Tuesday emphasised that the right to manage a religious institution cannot translate into a lack of structure , asserting that clear norms and regulatory mechanisms are essential for orderly functioning.

A nine-judge Constitution bench led by Chief Justice Surya Kant made the observation while hearing a batch of petitions on alleged discrimination against women at religious places and examining the scope of religious freedom across faiths. The bench includes Justices B V Nagarathna , M M Sundresh , Ahsanuddin Amanullah , Aravind Kumar , Augustine George Masih , Prasanna B Varale , R Mahadevan and Joymalya Bagchi .

During the proceedings, Justice Ahsanuddin Amanullah remarked that no religious institution, whether a temple or a dargah can function without regulation . “There cannot be anarchy. There must be a system governing rituals, their sequence, and management,” he said, adding that regulation is necessary but must remain within constitutional limits , particularly the bar on discrimination.

The court was responding to submissions by advocate Nizam Pasha, appearing for a petitioner associated with the Hazrat Nizamuddin Dargah. He argued that in the Sufi tradition, especially the Chishti order, dargahs hold deep religious significance and constitute a distinct religious denomination, with the right to regulate entry forming part of institutional management.

The bench, however, indicated that such rights cannot override fundamental constitutional guarantees. The hearing is part of a broader exercise to determine the extent to which courts can assess essential religious practices , an issue the court earlier noted is difficult to define judicially.

The matter stems from the landmark 2018 verdict on the Sabarimala Temple , where the top court lifted the ban on entry of women aged 10-50 , declaring the practice unconstitutional. The case continues to address the balance between religious autonomy and gender equality.