Kalitha: exclusion of women on notions of purity... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]

Kalitha: exclusion of women on notions of purity is violative of the constitutional ethos.

Advocate Chaturvedi: a number of counsels that where there exist is a conflict, proportionality is sufficient. I submit double proportionality is necessary. the doctrine of proportionality arises from conflict between individual and the state but it never evolved as striking down a legislation for violating the right of other. in aadhaar mylords adopted proportionality and held that there is no disproportionate impact on privacy. now take where there is a disproportionate impact, what would be the consequence of applying proportionality simplicter? that is why in electoral bond, double proportionality was used.

articles 25 and 26 are sui generis rights,in my written submission I have said how double proportionality should apply.