Shrivastava: If the intention of the Constitution... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 12]

Shrivastava: If the intention of the Constitution makers was to give an overriding effect to the rights of “the religious denominations or sections thereof” as per Article 26 over the rights of persons “to the freedom of conscience and right freely to profess, practice and propagate religion” under Article 25(1) then, it is respectfully submitted that Article 26 had been drafted differently and its text would have commenced with a non obstante clause, which is not so.

This is a clear intention of the Constitution makers that Article 26 does not override Article 25 in general. Article 26 has no superior or overriding place in the scheme of the Constitution.