Singhvi: This addendum disagrees with the stand... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 4]

Singhvi: This addendum disagrees with the stand canvassed by Vaidynathan. CAD debates made sharp distinction between the restriction on article 25 as opposed to structure of present day article 26 which appears to be consciously subjected to few restriction- this is evident from the fact that article 20 which was the precursor of article 26, a specific amendment was moved and negatived on 7 dec 1948, Dr Ambedkar said in the beginining of article 20-words subject to public order, health by inserted.

Mr Ahmed moved amendment saying article 20 be renumbered as clause one and new clause be added- nothing in clause 1 shall affect the operation of any existing law or prevent the state from making any law for ensuring public order- this is a very important clue- this would have given the state the power. He also wanted the word public be added to morality and health.

According to me, public brings external objective test but since it was not added- its a more subjective test

J Sundresh: how do you explain the word public character?

Singhvi: a temple by law, antiquity, fame, generation, or whatever may have started private can become institution of public character.

Goswami judgment referred: If a temple is proved to have originated as a .public temple, nothing more is necessary to be proved to show that it is a public temple but if a temple is proved to have originated as a private temple or its origin is unknown or lost in antiquity then there must be proof to show that it is being used as a public temple. In such cases the true character of the particular temple is decided on the basis of various circumstances. In those cases the courts have to. address themselves to various questions such as :--

(1 ) Is the temple built in such imposing manner that it may prima facie appear to be a public temple?

(2) Are the members of the public entitled to worship in that temple as of right ?

(3 ) Are the temple expenses met from the contributions made by the public ?

(4) Whether the sevas and utsavas conducted in the temple are those usually conducted in public temples ?