 Summary of this article
- The court said there cannot be anarchy in religious institutions and emphasised the need for clear norms and regulation.
- The bench noted that management rights must align with constitutional principles and cannot permit discrimination.
The Supreme Court on Tuesday underscored that the right to manage a religious institution must be exercised within a structured framework, stressing that there cannot be anarchy and that clear modalities and norms are essential for its functioning.
The remark came from a nine-judge Constitution bench during hearings on petitions concerning discrimination against women at religious sites, including the Sabarimala Temple in Kerala, as well as the scope of religious freedom across faiths.
The bench comprised Chief Justice Surya Kant and Justices B V Nagarathna, M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan, and Joymalya Bagchi.
Advocate Nizam Pasha, appearing for Peerzada Syed Altamash Nizami, a direct ancestral descendant in the Chisti Nizami lineage associated with the dargah of Hazrat Khwaja Nizamuddin Aulia, submitted that a dargah is a burial site of a saint.
"Within Islam, there are differing views regarding the status of saints after death, but in the Sufi system of belief, there is deep reverence attached to the place where a saint is interred.
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