Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 14]
Hegde: when mrs ambedkar was very ill and wanted to go to...discrimination has not gone away. today we have the Bhimagranta, which is the constitution of india where we place our hope.
J Nagarathna: they were all great devotees of the lord. that is the quality of the believer.
Hegde: the lord doesn't turn away half a believer
Hegde: it is my respectful submission that in matter of right rituals, within the sanctum santrum it may have full play but beyond that it can't be. the principle comes from my home town Upudi where temple was forbiddden for lower caste worshippers. when the worshiper wasn't allowed, he stayed outside and continued to do bhajan and the idol turned to his side and gave him the worship. it is not the god which discriminate but man does. same is with jagannath temple.
Hegde: custom as a source of law, and enforced by law- ultimately what the court did in 5 judge? a manmade rule in a constitutional scheme can't survive. there can't be a manmade law that women will have to stay out for 40 years but if it was said that on those says, please don't come- an exclusion so whole which denies the right to worshippers runs foul to the constitution
Hedge: the constitution protects religious autonomy in religious matters and not secular matters. article 13 supplies the bridge to the extent of inconsistency with part III.
Hegde: rationalist views are recognised in the constitution in preamble, article 25(1) with right to conscience, article 28, Article 51A(h), 25(2)(b),
Hegde: in this courtroom I can proclaim to be a Muslim and in lunch say Christ is my savior and at night, I say Bhagavat Gita is the only thing
J Nagarathna: we can be eclestic
Hegde: rationalist view is to maintain a distance. when you go to a worship, follow...
first constitution is supreme, its text is the only guide. the authority of this court rests on the constitution. I have defined rationalists [referring to the submissions]
J Amanullah: if this is your understand that I can a hindu in morning, muslim at lunch and christian at night then, profess, propagate and practice has to be same religion, it is absurdity.
Hegde: denominational rights are collective not necessarily having juridical identity. when they spoke in article 25 that it would be subject to other articles and to other provisions then you take that and collect and congrestate. what else? you own institution, to get property and to manage own affairs in matter of religion.
against whom you claim it? you also claim against orthodoxy of your own religion. if your religious doctrine, I don't intend to deingrate anyone. suppose one religion says there is only one god and prophet, but religious denomination says there are subsequent prophet, then with regard to orthodoxy of your religion, you can manage your own affairs.
Hegde: what happens when you bunch together as collective? people who sit together and worship can form a denomination. there are people like Arya Samaji. .
Hegde: a professor of constitution in a deeply divided society said- you represent and embrace the competing vision of the state. the incremental constitutional toolbox was ambigious words etc
for example-cow slaugther- people in constituent assembly said give us a clear line. it was put in directive principles as dr ambedkar's quest for scientific development. this incremental approach came even in articles 25 and 26.
these two articles firstly says everybody is equally entitled, everybody posses the freedom of conscience. whatever it says. and the right to freely process and practice. note there is a significant omission of a pronoun- it doesn't say their religion, or religion of choice, or birth- theoritical wake up as Hindu, be a Muslim at lunch and become a Christian at night.