Singhvi: reads sardar syedna J Nagarathna: in... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 4]

Singhvi: reads sardar syedna

J Nagarathna: in this case, the prevention of ex communication act was upheld it that means there can be ex-communication

Singhvi: ex communication by objective standard is considered as anti-social reform or welfare.

J Bagchi- reformist law was ex-communication is illegal, the SC set it aside as violative of article 25(1)

Singhvi- test is you are hollowing out the religion itself- on semantics, hollowing out can be an essential part of ex communication but mylords can correct it without going into whether its essential or not

The rights guaranteed under Articles 25 and 26 of the Constitution came up for consideration before the Court in several cases and the main principles underlying these provisions is that the protection of these Articles is not limited to matters of doctrine or belief but they also extend to acts done in pursuance of religion and therefore contain a guarantee for rituals and observances, ceremonies and modes of worship which are integral parts of religion.

Reading shirur mutt- “Under Article 26(b), therefore, a religious denomination or organization enjoys complete autonomy in the matter of deciding as to what rites and ceremonies are essential according to the tenets of the religion they hold and no outside authority has any jurisdiction to interfere with their decision in such matters.

It should be noticed, however, that under Article 26(d), it is the fundamental right of a religious denomination or its representative to administer its properties in accordance with law; and the law, therefore, must leave the right of administration to the religious denomination itself subject to such restrictions and regulations as it might choose to impose. A law which takes away the right of administration from the hands of a religious denomination altogether and vests it in any other authority would amount to a violation of right guaranteed under clause (d) of Article 26."