​In the ongoing Sabarimala reference before a nine-judge Constitution Bench, a pivotal argument has emerged: that the pursuit of social reform may necessitate a judicial scrutiny of long-standing religious practices. Lawyers appearing before the Supreme Court suggested that while religious freedom is a protected right, it cannot serve as an impenetrable shield for exclusionary social practices. The core of this argument lies in the belief that the Constitution was designed as a transformative document, intended to purge society of discriminatory traditions even if they claim a religious pedigree.
​A central theme of the recent hearings was the proposal to use the "proportionality test" when adjudicating conflicts between faith and reform. Counsel argued that courts must weigh the significance of a contested religious practice against the fundamental rights of individuals, particularly the right to equality and dignity. By applying this test, the judiciary can determine if a restriction—such as the exclusion of women from a place of worship—is a "proportionate" means of achieving a religious objective or if it represents an unconstitutional infringement on individual liberty.
​The lawyers emphasized that Article 25(2)(b) of the Constitution specifically empowers the state to enact laws for social welfare and reform. This provision, they argued, acts as a "corrective filter" that allows the state to intervene in religious affairs when they lead to social inequality. The argument posits that "religious freedom" under Article 25(1) is not an absolute right but is subject to other fundamental rights, including the right against discrimination. Therefore, reform is not an "encroachment" but a fulfillment of the constitutional mandate.
​However, the Bench, particularly Justice B.V. Nagarathna, raised a critical word of caution: "In the name of social reform, you cannot hollow out religion." This observation highlights the judiciary's struggle to find a balance where reform does not effectively decimate the core identity of a faith. The court questioned where the line should be drawn, noting that if every religious ritual is subjected to a "rationalist" or "secular" filter, the very essence of religious diversity and denominational autonomy under Article 26 could be lost.
​The debate also revisited the "Essential Religious Practices" (ERP) doctrine. While some lawyers argued that the doctrine is necessary to distinguish between spiritual essentials and secular accretions, others suggested it places judges in the unenviable position of acting as theologians. The proposal to shift toward a "sincere belief" test combined with a "proportionality analysis" was offered as a modern alternative—one that respects the believer's conviction while ensuring it does not trample upon the civil rights of others.
​The "exclusionary rules" of the Sabarimala temple, specifically those barring women of certain ages from entry and even from using sacred water tanks, were cited as prime examples of practices that fail the proportionality test. Lawyers argued that such rules extend beyond mere temple management and impact the basic human rights of women to access public resources. They contended that if a practice results in "civil death" or social stigma for a specific section of society, the state’s duty to reform must take precedence over the denomination’s right to manage its affairs.
​This reference is increasingly being seen as a "meta-case" that will define the future of Indian secularism. It is not just about one temple, but about the hierarchy of rights in a pluralistic democracy. The arguments presented suggest that the Indian Constitution does not adopt a "strict separation" of church and state, but rather a "principled interventionist" model where the state acts as a reformer to ensure that religion remains a source of spiritual growth rather than a tool for social exclusion.
​Ultimately, the Supreme Court’s decision in this reference will clarify whether "constitutional morality" can override "traditional morality." As the lawyers concluded their arguments, the message was clear: the path to a truly egalitarian society requires the law to occasionally enter the sanctum sanctorum of faith to ensure that no citizen is left behind. The proportionality test may well become the legal bridge that allows the state to modernize society without stripping away the diverse spiritual fabric that defines India.