Vaidyanathan- [reading devaru] "We must... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 3]

Vaidyanathan- [reading devaru] "We must accordingly hold that if the rights of the appellants have to be determined solely with reference to Art. 26 (b), then s. 3. of Act V of 1947, should be held to be bad as infringing it."- this is a binding finding

the question of who may enter temple or worship when governed by theological prescription is a matter of religion within article 25 and a law compelling entry violates that right, the only reason the law was upheld was because of the consequent conclusion that article 25(2)(b) overrides article 25(b)

J Nagarathna- in devaru, with regard to Gowda Saraswath brahim temple there was a suit filed and it was established that all persons other than Gowda Saraswath brahmins were excluded. when the matter was pending and constititon came into force, and articles 25 and 26 were pressed into service and simply it was applied to the suit. contrary to the findings and that is how the matter came up and they took the same position that articles 25 and 26 is there forgetting it arose from a suit and not writ petition

Update: 2026-04-09 11:07 GMT

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