J Nagarathna: article 25(1) says other provisions of this part-it may not include article 25 itself
SG: i am not touching the sabrimala part- right now mylords are examining the questions of law-therefore not advisable to be coloured by sui generis but though it is my case that it is wrongly decided and deserves to be declared a wrong law.
SG: this is possibly first and only judgment which reads articles 25 and 26 together. what was under challenge was whether right of religious denomination guaranteed under article 26(b) can be controlled by article 25(2)(b)
SG: reads Venkataramana Devaruand judgment: https://indiankanoon.org/doc/1896039/
SG: refers to Ratilal Panachand Gandhi judgment- says bench composition is almost the same. according to me, it takes the same view because the same learned judge was the author.
SG: what is essential is for the denomination to decided as held in shrir mutt-this has been deviated in dargah committee.
SG: It is to be noted that both in the American as well as in the Australian Constitutions the. right to freedom of religion has been declared in unrestricted terms with. out any limitation whatsoever. Limitations, therefore, have been introduced by courts of law in these countries on grounds of morality, order and social protection.
SG: In 1941 a company of " Jehova's Witnesses " incorporated in Australia commenced proclaiming and teaching matters which were prejudicial to war activities and the defence of the Commonwealth and steps were taken against them under the National Security Regulations of the State.
SG: They refuse to take oath of allegiance to the king or other Constituted human authority and even to show respect to the national flag, and they decry all wars between nations and all kinds of war activities.
SG: This association of persons loosely organised throughout Australia, U.S.A. and other countries regard the literal interpretation of the Bible as fundamental to proper religious beliefs. This belief in the supreme Authority of the Bible colours many of their political ideas