Justice Nagarathna First Judge to Start Writing Sabarimala Reference Verdict

Justice Nagarathna begins drafting Sabarimala judgment

Justice B V Nagarathna has become the first member of the nine-judge Constitution Bench of the Supreme Court to begin writing the judgment in the long-pending Sabarimala reference case, according to a report by Hindustan Times. The development comes months after the bench reserved its verdict following an extensive hearing on constitutional questions surrounding religious practices.

The nine-member bench, headed by Chief Justice of India Surya Kant, heard the matter for 16 days before reserving judgment on May 14, 2026. Besides the CJI and Justice Nagarathna, the bench comprises Justices M M Sundresh, Ahsanuddin Amanullah, Aravind Kumar, Augustine George Masih, Prasanna B Varale, R Mahadevan and Joymalya Bagchi.

Reference goes beyond the original Sabarimala verdict

The reference stems from the Supreme Court's September 2018 Sabarimala judgment, in which a five-judge Constitution Bench, by a 4:1 majority, held that the restriction preventing women of menstruating age from entering the Sabarimala temple could not withstand constitutional scrutiny. Justice Indu Malhotra was the lone dissenter.

The subsequent proceedings raised broader constitutional questions concerning Articles 14, 25 and 26, the autonomy of religious denominations, judicial review of religious practices and the scope of the “essential religious practices” doctrine.

Why Justice Nagarathna's role is being watched

Justice Nagarathna is the only woman judge on the nine-member bench. During the hearings, she raised questions concerning the relationship between individual belief, religious practices and constitutional protections.

She had also questioned aspects of the legal reasoning surrounding the application of Article 17, the constitutional provision dealing with untouchability, to the Sabarimala dispute. During the April hearings, she questioned how the concept could apply to a restriction operating for only certain days of the month.

The judge also participated in discussions about the scope of religious freedom and the distinction between propagation of religion and forcible conversion during the proceedings.

Other judges can write separate opinions

The fact that Justice Nagarathna has started writing does not mean she will necessarily author the only judgment. Members of a Constitution Bench can write separate opinions, including concurring or dissenting views, depending on their conclusions on the questions before the court.

The final outcome will address the larger constitutional questions referred to the nine-judge bench. It could therefore have implications beyond the Sabarimala dispute for how courts examine religious practices and the balance between religious freedom and constitutional rights.

Sabarimala reference case: Key details

PointDetailsCourtSupreme Court of IndiaBenchNine-judge Constitution BenchHead of BenchCJI Surya KantJudge writing firstJustice B V NagarathnaHearings16 daysJudgment reservedMay 14, 2026Original Sabarimala verdictSeptember 28, 2018Main issuesReligious freedom, temple-entry practices, judicial review, essential religious practicesCurrent statusJudgment writing underway