J Sundresh: how do you define social welfare or... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

J Sundresh: how do you define social welfare or reforms? the question is only with respect to this, article 25(1)(a) says subject to public order, morality, health and subject to other provisions of this part, if you juxtaposed that to a religious denomination which you said is nothing but a collective of belief...can it be said that the power of the state to pass a law is confined to issues of due compliance of part III alone because anything else is not restricted to article 25(1). is it the proper way to look at it

Subramanium: my submission is part III is not available as a ground for legislation under article 25(2)(b) and nor is it available under 25(2)(a). 25(2)(a) &(b) may occupy territories which may have some, shall we say, idealistic overlap but the legislation can't be done with reference to Part III because what happens in article 25(2) is that it lifts and enables a legislation and it also removes the subjection to part III

J Sundresh: what if a religious practice directly comes in the way of other provisions of Part III? what will the State do

Subramanium: it depends on case to case basis

J Sundresh: under what provision of law will the state can assume

Subramanium:if a law has to be passed with reference to the opening part of article 25 or shall we say, opening part of article 26,you already have three grounds which are available-public order, morality and health. what article 25(2) does is-subject to other provisions is in context of protection and equal rights of religion which are granted to others. but I am saying anything that will come within the reasonable extent of social welfare and reform will pass.

a violation of fundamental right may acquire, shall we say, the appellantins and attribution of a social evil which needs to be addressed under article 25(2)(b), then legislature necessarily has that power.