Can majoritarianism trump Constitutionalism? Supreme Court asks in Sabarimala reference
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Summary
The Supreme Court on Wednesday observed that while India is a constitutional democracy where majority rule prevails, majoritarianism cannot trump constitutionalism and courts must test decisions against constitutional principles.The observation was made by Justice Joymalya Bagchi during the hearing of the Sabarimala reference case, which concerns seven larger legal questions on the scope of religious freedom in India.The matter is being heard by a Bench of Chief Justice of India (CJI) Surya