Advocate 3: test of hollowing out a religion or... ... Sabarimala Reference : Live Updates From Supreme Court Hearing [Day 9]

Advocate 3: test of hollowing out a religion or viscerating is article 25(2)(b) is vague. suppose if there is a challenging to a legislation, mylords will have to decide what is hollowing out, whether its a religious practice. it is nothing would an ERP test.

mylords should define the broad contours of article 25(2)(b). i have suggested 6 guardrails- expression social welfare and reform is guided by public order, morality and health. 2. powers under article 25 can be used to restrict 3. it can't be used to obliterate rights 4. reform presuppose an existence of a practice. 5. power cant be given effect in pursuance of FR or DPSP. 6. what is protected are bona fide rights and if community doesn't speak in one voice, mylords will have to wear a theological cap 7. locus will have to be of persons whose rights have been violated.

Update: 2026-04-28 07:27 GMT

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