Can Dawoodi Bohras Excommunicate Members From Their Community? SC May Refer Issue To Larger Bench

A five-judge constitution bench of the Supreme Court has reserved its verdict, on referring a plea regarding the rights of the Dawoodi Bohra community to excommunicate its members, to a larger bench. 

The plea is concerned with articles 25 and 26 of the Constitution, which guarantees the right to freedom of religion to individuals and denominations respectively. 

A 1962 judgement of the Supreme Court protected the rights of the community to excommunicate its members. The same is now being examined by the Supreme Court, 60 years later. 

In recent times, the Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act in 2016 had held excommunication as invalid. 

For context, a nine-judge bench of the Supreme Court is slated to settle the legal issues which arose pursuant to the Sabarimala temple entry case.

As the 1962 judgement was rendered by a five-judge bench, the same cannot be reconsidered by a bench of the same strength and therefore has to be referred to a larger bench. 

The judgement can be expected anytime soon.