Supreme Court Says Majoritarianism Cannot Override Constitutionalism

New Delhi, May 14, 2026: A nine-judge Bench of the Supreme Court of India on Wednesday underscored that majoritarianism cannot override constitutionalism, even in a democracy governed by majority rule. The remarks came during hearings in the long-pending Sabarimala reference case concerning religious freedom and constitutional rights.

Chief Justice of India Surya Kant observed that while democracy functions through the will of the majority, courts remain duty-bound to examine whether decisions conform to constitutional principles. The Bench stressed that constitutional democracy is not merely a “test of numbers” and that constitutional guarantees cannot be subordinated to numerical strength.

The court clarified that its concern was not with majority rule itself, but with situations where constitutional values and protections may be undermined by majoritarian tendencies. The judges reiterated that constitutional courts exist to ensure that laws and actions remain consistent with the Constitution.

The Bench was hearing arguments arising from the Supreme Court’s 2019 order connected to the 2018 Sabarimala verdict, which allowed women of all age groups to enter the Sabarimala temple. The reference examines broader constitutional questions relating to the balance between religious freedom under Articles 25 and 26 and equality rights under Article 14.

During the proceedings, Solicitor General Tushar Mehta, representing the Union Government, argued that courts should exercise restraint in matters involving religion and ordinarily leave reforms to the legislature. However, members of the Bench questioned whether constitutional courts could remain passive if constitutional principles were compromised.

The judges also highlighted that Article 25 guarantees religious freedom equally to all persons, irrespective of majority or minority status. The court noted that constitutional protection of religious freedom does not depend on numbers and applies equally to all citizens.

Despite the significance of the observations, the issue received limited attention in mainstream media, with several print outlets placing the report on inside pages while electronic media largely ignored it.

The hearing in the matter is continuing before the Constitution Bench.

Compiled by Catholic Connect Reporter

Download Catholic Connect App for Daily News Updates: 

Android: Click here to download

iOS: Click here to download