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विचारमञ्जरी (Vichāramañjarī)

The Indian Judiciary and Hinduism | Some notable examples of Blatant Bias

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India Hinduism Judiciary Democracy

Read the Main Article here - A Comprehensive Indictment of the Anti-Hindu Judiciary of Modern India


Judicial Views on Hinduism/Sanatana in India

The Indian judiciary’s record on Hinduism and Sanatana Dharma is mixed. Supreme Court benches have often described Hinduism/Hindutva in broad, inclusive terms, but in practice some judges have made controversial remarks or rulings affecting Hindu practices. Critics point to instances of alleged bias or anti-Hindu actions. Below are key examples (with sources) of judges’ statements or rulings relating to Hinduism or religion:

Summary of trends: Many Supreme Court rulings (1950s–1990s) affirmed secularism and treated Hinduism/Hindutva as a broad cultural tradition, not inherently supremacist2 1 . However, controversies have arisen when judges’ personal beliefs became public. For example, a CJI’s revealing of prayer in Ayodhya case3 and HC judges calling for closing temples7 or favoring the Hindu majority5 have led critics to question secular neutrality.

Nepotism & “Ideology” Allegations

Right-leaning commentators frequently allege nepotism in the judiciary’s appointments and ideological bias:

Summary

In sum, the record is mixed. High Court and Supreme Court judges have on record both affirming Hinduism’s pluralistic character1 2 and making controversial anti-Hindu remarks. Recent examples (Justice Yadav’s pro-majority speech5 , Justice Venkatesh’s temple-order7 , Justice Kait’s alleged temple demolition9 , Justice Kurian’s “Dharma not truth” comment11 ) have sparked debates about judicial bias. On the other hand, top courts have explicitly held that “Hindutva is a way of life” and not inherently communal2 , and Hindu plaintiffs succeed in many cases (e.g. SC granted the Ayodhya site to Hindus in 2019).

Questions of who “trains” or “influences” judges are largely speculative. Many judges study law at elite Indian or foreign universities, but we have no documentary evidence of any systematic “anti-Hindu indoctrination.” Likewise, while familial connections in the judiciary exist (as in many professions), the extent of nepotism is debated14 . What the sources do show is that a number of current and former judges have publicly expressed strong views on Hinduism – some positive (tolerant, inclusive), some negative (closing temples, majoritarian pride) – and these statements feed into a political debate over the courts’ secularism.


Sources: We have compiled quotes and reports from court decisions and media (Times of India, India Today, VOA, Hindupost, Hinduexistence, OpIndia, etc.) on judges’ statements about Hinduism or religion 1 2 5 7 3 4 11 14 9 . These illustrate the range of judicial voices on the subject.

1 2 How Supreme Court viewed words ‘Hindu’, ‘Hinduism’ & ‘Hindutva’ in rulings | India News - The Times of India

https://timesofindia.indiatimes.com/india/how-supreme-court-viewed-words-hindu-hinduism-hindutva-in-rulings/articleshow/62782807.cms

3 Sat before God, prayed for solution: Chief Justice Chandrachud on Ayodhya dispute - India Today

https://www.indiatoday.in/india/law-news/story/chief-justice-of-india-dy-chandrachud-ayodhya-verdict-god-prayers-ram-janmabhoomi-babri-masjid-dispute-2620215-2024-10-21

4 ‘Travesty of justice’: Former SC judge on top court’s Ram mandir judgement | India News - Times of India

https://timesofindia.indiatimes.com/india/travesty-of-justice-former-sc-judge-on-top-courts-ram-mandir-judgement/articleshow/116071542.cms

5 6 India’s Supreme Court takes note of judge’s ‘communal’ speech

https://www.voanews.com/a/india-s-supreme-court-takes-note-of-judge-s-communal-speech/7901590.html

7 8 16 “Closing temples leads to peace”, Judge’s remark invites criticism

https://hindupost.in/dharma-religion/closing-temples-leads-to-peace-judges-remark-invites-criticism/

9 10 Buddhist CJ of MP HC demolished Hindu Temple in his Official Residence. Fast Restoration Demanded. | Struggle for Hindu Existence

https://hinduexistence.org/2024/12/31/buddhist-cji-of-mp-demolished-hindu-temple-in-his-official-residence-demands-to-immediate-restoration/

11 A Dharma Primer for Former Judge Kurian Joseph

https://www.dharmadispatch.in/commentary/a-dharma-primer-for-former-judge-kurian-joseph

12 13 How a Single Judgment Converted India from a Secular to a Hindu State | by Justice Markandey Katju | Medium

https://justicekatju.com/how-a-single-judgment-converted-india-from-a-secular-to-a-hindu-state-c45c726c005e?gi=a8d9fb7116d0

14 15 As PM Modi talked about nepotism in institutions, here is how the judiciary is deeply affected by it

https://www.opindia.com/2022/08/pm-modi-nepotism-indian-institutions-judiciary-deeply-affected/

17 18 19 Essential Religious Practices: Court in Review - Supreme Court Observer

https://www.scobserver.in/journal/essential-religious-practices-court-in-review/