Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 11]

Khambata: if mutts propagate, you can trace is only under article 25

J Sundresh: its nothing but collective individuals- the mutt can't act beyond the collective faith because the very creation of mutt is from a common belief under article 25

J Sundresh: article 26 is a structure or framework that comes out of article 25

Khambata: see article 25(1)(b) on its own but what about article 26?

J Nagarathna: J Mukherjee refers to four thoughts-they were conscience how religion was practised through mutts and that's why they added article 26

Khambata: mutt and a temple must not be confused, a temple is a set up that can be set up by a mutt but a mutt is a religious denomination and temple is a religious denomination, it must be shown

J Nagarathna: article 25(1) would be subject to other part which includes article 26

J Sundresh: article 26 has a limited scope and that's why independently given for that purpose

Khambata: we as a community is the best example, we wouldn't have survived in other country. denominational right is ultimately an individual right.

Khambata: article 25(1) is repository of ancient tolerance in india

Khambata: mr subramanium put it very beautifully. I will read it out

Khambata: right of freedom of religion is sourced to article 25, it comes with the limitations provided in it. could be suggested that right to individual religious is subjected to other parts but article 26 doesn't not? the reason why article 26 doesn't have subject to other provisions because it is sourced to article 25.

Khambata: article 26 is a manifestation of article 25 right. consider a situation when you only have article 25 rights, would you say there is no collective association right? you would still trace it to article 25 but consider otherway round if there would have been no article 25 itself

Khambata: there was a view expressed that article 25 protects individual rights to religious freedoms and article 26 protects religious denomination- my submission is article 25 is the source of entirety of religion.

Shirur Mutt and Ratilal Gandhi and Ismail also said that article 25 guarantees freedom of religion to all. take for example 25(2)(b), for social reforms and throwing open-if article 25(1) didn't cover institution how would article 25(2) be traced?

CJI: you are adequately protected under sections 19 and 21.

Khambata: shirur mutt broadly held a religion has doctrinal and practical component. In respect of practice, it said which are regarded as integral part of the religion.