Kaul: article 25 specifially states it is subject... ... Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]
Kaul: article 25 specifially states it is subject to other provisions and article 26 doesn't contain any such clause. the constitution already supplies a complete meaning to article 26, limiting it to public order, morality and health.
to read other parts to article 26 would render the difference between article 25 and 26 otiose, create a hierarchy of rights even thought the constitution doesn't provide, and provide a backdoor entry for other provisions of part III to article 26 in effect a judiciary-engineered expansion of state power beyond what the text authorises. a religious denomination right presupposes a high threshold of collective identity.
Update: 2026-04-23 05:25 GMT