Dwivedi: whatever legislation is permissible, it... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

Dwivedi: whatever legislation is permissible, it is indicated in article 26(d) that is administer such property in accordance with law. they are certainly make a law for immovable or movable property.

how do we bring in article 25(2)(b)-unlike article 25(1), article 26 doesn't use subject to other provisions and also nothing in this article under article 25(1)-in the constitutent assembly debates the expression initially was that 'consistent with other parts' phrase was there [in the report of the sub-committee on fundamental rights]-this was not accepted.

Given this position, article 26, the rights can't be eroded and made subject to article 25(2). property can be regulated but article 25(2)(b) will not be attracted. even if we consider that religious denominational is also associational and also exercises freedom of religion, which is encapsulated in article 25(1), and since that right says subject to, even so the question will be how to apply? its an enabling power and here I submit that devaru has gone completely wrong when it says that articles 25 and 26 are of equal authority and need to be harmonised. I am not aware of any cannons of law where a fundamental right would be required to be balanced against the power of the state to make laws

Update: 2026-04-22 09:31 GMT

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