Shankarnaryan: where does the religion or the... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 6]

Shankarnaryan: where does the religion or the denomination stand?

J Nagarathna: 3(b) is a subordinate legislation

Shankarnaryan: that is the temple entry act-rather than allowing the entry of those women in that age group, the act bars it

J Nagarathna: so it was an indirect challenge to the customs and usages

Shankarnaryan: the question is, whether a right by an individual, which is what was discussed by Giri, was who can agitiate that right? and most importantly, against whom can it be agitated? if you come under article 15(2), which is in constract to both articles 14 and 15(1), it says no citizen shall. State doesnt' come to the picture. No citizen shall be denied on the grounds of religion, race, sex....so if there is access to restraurants, access to hotels, place of public entertainment and shops, and if there is discrimination on any of this ground, that discrimination, if its not being done by something which is run of by the state, its being done by private individual, corporations, that then right is given under article 15(2), it becomes a horizontal right.

why is why the distinction between vertical and horizontal right comes into play in article 25(1) because it says not only public order, health and morality but also other provisions of this part. Its not all provisions of this but places where horizontal rights are being agitated.

Article 15(3) says nothing in this article shall prevent the state for making special provisons for women and children-this "not preventing the state" is used in article 25(2) is an expressed used 60 times across the constitution.