The Supreme Court referred anti-conversion law challenges to a larger Bench, examining Rajasthan’s 2025 statute and similar State laws. The case raises far-reaching constitutional questions on equality, liberty, speech, and religious freedom under Articles 14, 19, 21 and 25.
NEW DELHI: The Supreme Court of India has agreed to examine a batch of petitions challenging the constitutional validity and implementation of anti-conversion laws, including the Rajasthan anti-conversion law, 2025, and similar statutes enacted by various States.
The matter was referred to a larger Bench acknowledging that the case may have far-reaching implications for the interpretation of Articles 14, 19, 21, and 25 of the Constitution of India.
Highlighting the importance and sensitivity of the issues involved, the bench consisting Chief Justice Surya Kant and Justice Joymalya Bagchi observed:
“Considering the importance of the matter, instructed that it be placed before a three-judge bench.”
The petitions raise significant constitutional questions concerning religious freedom, legislative competence, and the alleged encouragement of vigilantism under these laws. The matter assumes national importance as it relates to religious conversion laws of different States, prompting the Court to direct that the case be placed before a three-judge Bench.
The petitioners have approached the Supreme Court raising concerns over the constitutional validity of State-level anti-conversion frameworks, particularly focusing on the manner in which these laws interact with other criminal statutes through amendments.
During the hearing, the Court noted that multiple petitions raising similar issues are pending, thereby warranting a consolidated consideration of the matter.
Submissions of Parties:
- Submissions on Behalf of the Union of India:
Appearing for the Union of India, Solicitor General Tushar Mehta informed the Court that:
“similar petitions are pending and the government’s response is being prepared.”
The submission indicated that the Union Government is in the process of formulating a comprehensive response to the constitutional issues raised across different States’ anti-conversion regimes.
- Petitioners’ Arguments and Scope of Challenge
Senior Advocate Meenakshi Arora, appearing for the petitioners, clarified the limited yet crucial scope of the challenge.
She submitted that:
“the Odisha and Rajasthan laws themselves are not under challenge, but amendments in other acts are being contested, and will serve all standing counsels.”
This clarification highlighted that the petition does not seek to invalidate the principal anti-conversion enactments of Odisha and Rajasthan per se, but instead targets amendments made to allied statutes, which allegedly expand criminal liability and procedural consequences.
Further elaborating on the nature of the challenge, Senior Advocate Arora argued that:
“the Acts are framed in a way that encourages and rewards vigilantes, specifically mentioning that the challenge applies only to Orissa and Arunachal, not other states.”
The petitioners contend that certain provisions create an environment conducive to private policing, thereby undermining constitutional safeguards and due process.
Directions Issued by the Supreme Court
Taking note of the submissions and the broader implications of the issues involved, CJI Surya Kant passed a series of procedural directions to ensure an effective and coordinated adjudication.
The Chief Justice ordered that:
“the court to issue notice in the case and have the copy served on the advocate generals as well.”
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Accordingly, the Court ordered that Notice be issued to all respondents, Copies of the petition be served upon the Advocates General of the concerned States and The respondents file a common counter affidavit
The Bench further directed that:
“the counter be filed within 4 weeks.”
Recognising the multiplicity of petitions involving similar constitutional questions, the Bench allowed all other related matters to be tagged with the present plea, ensuring uniformity and avoiding conflicting decisions.
Highlighting the importance and sensitivity of the issues involved, the Supreme Court observed:
“Considering the importance of the matter, instructed that it be placed before a three-judge bench.”
The petitions bring into sharp focus the ongoing national debate surrounding religious freedom, State regulation of conversions, and the limits of criminal law intervention. With challenges confined to specific States such as Orissa and Arunachal Pradesh, and procedural aspects of the Rajasthan law, the case is likely to shape future judicial scrutiny of anti-conversion statutes.
Case Title: NATIONAL COUNCIL OF CHURCHES IN INDIA v. STATE OF RAJASTHAN W.P.(C) No. 98/2026