KEY QUESTIONS OF RELIGION, SOCIETY, LAW IN 2025

In 2025, India's Supreme Court will tackle significant legal issues affecting religion, society, and law. Key cases include the Places of Worship Act, Karnataka hijab ban, and "essential religious practice" test. The court will also review Citizenship Act, marital rape, Enforcement Directorate powers, Uniform Civil Code, and criminal justice reform.

Last Updated on 28th December, 2024
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Context:

In 2025, the Supreme Court will address a number of important issues affecting citizens' personal lives and religious beliefs.

How has the Supreme Court's role evolved in recent years, particularly in 2024?

In 2024, the Supreme Court made some notable interventions in politically sensitive cases, indicating a departure from the believed "judicial evasion" of previous years. 

The Court declared the electoral bonds scheme unconstitutional, ruled on mandir-masjid disputes, and took steps to limit the use of bulldozer demolitions. It also reversed the Gujarat government's release of Bilkis Bano gangrape convicts and granted bail to opposition leaders. 

These decisions were significant because they demonstrated the Court's willingness to assert itself in matters concerning the public interest and the balance of powers between the executive and judiciary.

Places of Worship Act, 1991

It preserves the religious character of places of worship as they existed on August 15, 1947. However, the law has been criticised for limiting judicial review and establishing arbitrary deadlines.

If the Court overturns/reinterprets its provisions, it could have far-reaching consequences for religious conflicts and India's balance of secularism and religious freedom. 

“One Nation, One Election” proposal  

The proposed "One Nation, One Election" legislation aims to align Lok Sabha and state assembly elections and could face judicial scrutiny. 

The Court will most likely consider its impact on India's federal structure, the balance of power between states and the Centre, and the potential consequences for democracy. This is especially important given the potential disruption in political processes and the implications for citizen participation.

It may also raise concerns about the misuse of state resources for political campaigns.

Challenge to the Citizenship (Amendment) Act of 2019

The Supreme Court to decide whether the Citizenship (Amendment) Act of 2019 violates the principle of equality enshrined in the Constitution by excluding Muslims from the list of beneficiaries. The Act provides citizenship to non-Muslim refugees from Pakistan, Afghanistan, and Bangladesh, but it has been criticised for discrimination. 

The Court will have to balance constitutional provisions like secularism and fraternity against the government's claim that the law is a humanitarian measure for religious minorities fleeing persecution.

Implementation of the Uniform Civil Code (UCC)

The implementation of UCC to increase legal debates, mainly over personal freedoms and religious practices. While the Constitution proposes a UCC as a goal, states such as Uttarakhand are already working towards its implementation. Provisions of the UCC, such as mandatory registration of live-in relationships and penalties for noncompliance, can be challenged in court. 

The Supreme Court must address concerns about individual choice, religious freedom, and whether such laws violate personal lives and beliefs.

How will the judicial system adapt to increasing public scrutiny in 2025?

The Supreme Court's digital transformation, which includes virtual hearings and increased accessibility to court proceedings, has opened its operations to greater public scrutiny. 

Increased transparency may increase public trust in the judiciary, however, it may also become more difficult to maintain the judicial process's independence and integrity. Therefore the Court needs to balance ongoing challenges while maintaining its constitutional role.

Must Read Articles: 

UNIFORM CIVIL CODE

SUPREME COURT'S PROCEEDINGS ON THE PLACES OF WORSHIP ACT 1991

KOVIND COMMITTEE ON ONE NATION, ONE ELECTION

Source: 

Indian Express

PRACTICE QUESTION

Q.In the context of the Supreme Court's review of the Places of Worship Act, 1991. Critically analyze how to balance secularism and religious freedom in India. (150 words)

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