Deepak: subject to clause under article 25(1),... ... Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 6]

Deepak: subject to clause under article 25(1), enabling power under article 25(2) or subject to clause under article 26 are powers to be exercised only by the legislature-the restriction on those rights can be applied only by the state and the state doesn't include judiciary in its judicial capacity and therefore for the purpose of this chapter or this part, the reference to State is to the executive and the legislature.

In my humble submission, it does not include the judiciary. thereofe, the question of entertaining any writ petitions or challenging those practices on the ground of it violating any of those subject o the provisions doesn't arise simply because those powers are limited to the State.

J Nagarathna: it enables the state to make laws to bring social reforms, such as, for example entry. The controvery here is not that the State has banned entry, the state has made the law, rule under the Act for entry and because of the custom, there is a prohibition. In the Kerala Act and Rule. The State has not made a law banning entry, it has made a law promoting entry but there is a custom 3(b) where there is a prohibition

Deepak: codification of a preexisting religious practice by the state doesn't make the practice amenable to judicial review because it is not exercise of article under articles 25(1) or (2) where limitations are imposed.