Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 12]

Shrivastava: article 26 is to give implementation when common belief becomes a part of denomination.

Shrivastava: now read the marginal note of article 26- freedom to manage religious affairs

the constituton gave to every person freedom of conscience- what one profess, practice and propagate-there is concept of denomination for people who have common belief.

Shrivastava: mylords may read articles 25 and 26 with me because I may give a new approach to it.

to be continued post lunch.

Shrivastava: This would show that the freedom of conscience is the heart and soul of Article 25 of the Constitution, and the right to profess, practice and propagate religion in accordance with the individual conscience is an outward manifestation of the freedom of conscience of the person.

Shrivastava: “Entitled to” creates entitlement as the vested, fundamental and guaranteed fundamental right and is an expression of much stronger import and force than the statement of “right”.

Shrivastava: It will not be out of place to notice some distinctive language and expression used by the framers of the Constitution in Article 25(1) of the Constitution. Why, in relation to freedom of conscience, the Constitution uses the expression “entitled to”, whereas, in relation to the freedom to profess, practice and propagate religion, the expression used is “right”?

Shrivastava: The only question is whether such a person or faith is entitled to claim his freedom and do or perform things which are not forbidden by law in the matter of practicing, professing and propagating religion.

Shrivastava: For a person who entertains a faith, the Constitution does not allow it to be questioned, much less, provide any means of investigation because that precisely is the freedom guaranteed by the Constitution. The conscience of the person cannot ever be questioned by anyone.

Shrivastava: The first part of the guarantee, namely, “all persons are equally entitled to freedom of conscience” is the guarantee of faithh of the person and the second part of the guarantee, namely, “and the right freely to profess, practice and propagate religion” is the guarantee of the acts done in pursuance of the faith of the person.