Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 15]

Advocate: right of religious denomination is confined to the governance of religious denomination. affairs refers to those matters which are truly institutionally correct such as appointment of religious functionaries, internal administration. it protects autonomy but doesn't confer plenary authority.

Advocate: gurudnorm is the constitution under which article 26 is the norm and the norms under it would be the subnorm which has to give way to the upper layer which is the fundamental rights.

J Amanullah: on one hand you say the parliament has been elected by people and represents the will of the people and now you are saying constituton is the gurudnorm. it is not the parliament which is supreme,

today a religion is there, a small number come out and establish the institution, now they allow people with certain idea and practice. they can't say later that just because I have numbers

today just because a majority wants to reform doesn't mean we have to follow that

CJI: your argument is that parliament and state legislature is controlled through part III, so how can religious denomination would be over and above it.

Advocate: they can't have immunity over and above the parliament and legislature.

Advocate: power under article 26(b) is also a form of non legislative law operating. rendering them amenable to restriction under article 13. in this regard, it must been seen that parliment and state legislature are elected by due election process on the other hand, the religious denomination joined by religious identity

when a state legislature or parliament is formulating the, they are subjected to article 13, so religious denomination can't be given immunity.

Advocate 2: article 25 serves as constitutional gateway through which a person progessing religion organise themselves into a religious collective rooted in article 25 is recognised in article 26.

the question which arises is right to manage affairs conferred in article 26 so it is all rights exercised in it are protected

what greater I am trying to develop, under article 26 this will be a non legislative exercise of powers, so what will be the scope?

power to legislate has been given to the parliament and state legislature, there is also a overarching power under article 13 so far inconsistent with part III is considered void. bear reading of article 13 means that it includes temporary laws, ordinance and non legislative source of law and in this case it would be article 26.

Gopal: if arguments from other side is accepted, everybody would claim a religious denomination.

Advocate 2: on the issue of interplay b/w articles 25 and 26- article 26 is an enabling collective right in contradistinction of the declaratory character of article 25.

under our constitution those entities granted legislative powers can exercise such powers. no one has a right to formulate rights which is significant because as a secular state it is not expected to interfere.

Gopal: there is no conflict between articles 25 and 26. the difficult question is how do you resolve it? you can't use your religion to deprive someone of their civil liberties- an american case said

last point, the definition of freedom of religion in shirur mutt needs a slight reconsideration. there is a requirement to be established for an organised religion. 80% of the people are autotheists

J Bagchi: shirur mutt goes one step ahead

J Kumar: it says you don't need to be a believer, you can be atheist

J Nagarathna: hinduism is also called a way of live, it is not necessary to go to a temple and perform ritual, he or she can still be a hindu

Gopal: if it can come in the judgment

CJI: it is already there, you don't need

J Nagarathna: it need not be ritualistic. nobody can come in the way for people having their faith.

Gopal: article 25 protects it but the current interpretation doesn't

Gopal: we need to interpret article 26 as per our secular democracy.

when you say religious denomination, what represents the religion? certain sections that are born in that privilege? many of us didn't voluntarily join. I am sure that I have highest respect for veda but it is the fact that all hindus accept it as highest authorities? we were not subsumed but consumed of religion.