Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 14]

Hansaria: I come to a very touchy subject of morality- articles 25 and 26 say subject to morality but it is not defined anywhere.

Hansaria: reads his written submission.

Hansaria: draft constitution has any class and sections of hindu-Durga Bai in constitent assembly said its a narrow provision- argument is made that any class and section of hindu doesn't include women- Durga Bai said it should be interpreted widely.

Hansaria: article 26 doesn't say notwithstanding- there are 36 such provisions in the constitution. so it can't claim a supremacy right. there are 24 provisions which says nowithstanding anything in this part of the constitution and even this is not there is article 26. there are 25 provisions which says nowithstanding any this in this part of the article and even this article 26 doesn't have.

Sr Adv Vijay Hansaria: I appear for three women who attempted to go to Sabriamala temple but failed.

Hansaria: article 25(2), if article 25(1) is subject to the former then any law made which violates article 25(1) then a law can also be made to violate article 26

Gupta: the total time taken is 35 hours by them and the total time taken is 15 hours by us. please consider giving them.

CJI:we can sit for an hour more but please conclude

Gupta: if all what has been argued by the other side is accepted, we will be back to the arctic. its a doomsday's scenario

J Bagchi: what we do is when we say a legislation in article 25(2)(b) encroaches article 26(b)- we see how far it encroaches, and what integral practices are protected

Gupta: in today's language the principle of proportionality

J Bagchi: That is why the integrality component is so essential

Gupta: even if you take hindi, religious is dharma

CJI: its not a very serious thing

Gupta: we have to start by identifying denomination and then section thereof and not vice versa.

J Nagarathna: for the lack of a better word they used denomination, it can't be rigid

Gupta: but its not the same as religion

Gupta: Ramakrishna Mission is a religious denomination found by Swami Vivekananda and his disciples. a group of people got together and formed denomination.

we have heard that hindu is a religious denomination

J Nagarathna: framers were conscious of the fact that there are various schools and propagated through mutt..even temples which are aligned to the mutt. denomination is where they were aware that reformers and etc