Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench [Day 3]

CJI: you develop your submissions

nataraj- religious denomination must be protected in indian context

J Amanullah- you said article 25 includes not just internal belief but also external manifestation- are you putting it in a plain terms that whatever is an internal belief the external manifestation is also protected?

nataraj- yes

J Amanullah- how can it be?internally yes but the moment external manifestation has affected the right of some other section, how can it be protected? the moment you say my internal will also be imposed externally and that has some relationship with rights of others in society, then part of articles 14, 15

nataraj- part III steps in

J Amanullah-you can't say whatever internally you carry externally and that will also be protected

CJI- the overriding expression in article 25(2) that nothing in this article shall-this kind of non-obstante clause is referable to article 13. when they talk about the operation of any existing law means the law protected under article 13 that include custom, usage having force of law

CJI: article 25 is individual, article 26 is group of individuals

J Bagchi: what you are saying is article 26(1)(b) is a subset of article 25(1)

Nataraj- not a subset but an offshoot

J Bagchi-why I say subset is because it says maintenance religious affairs whereas article 25(1) has much expansive affairs and maintenance naturally relates to the organisation. I indicated to SG that its not the devotees but the management whose rights are envisaged in article 26(1)(b)

nataraj- denomination is form based on collective beliefs of individuals

nataraj- because it has no independent existence without article 25(1)

J Nagarathna: article 25(1) is for individuals

nataraj- without individuals there can't be article 26

j nagarathna: article 25(2) itself is in two parts- first part is that nothing in this article shall affect the existing law and the latter part is an enabling provision to the state but what is the meaning of nothing in this article shall affect the existing laws

nataraj- preconstitutional law

j nagarathna: proponent of existing law will include custom and usage?

nataraj- if not inconsistent with part III, they have to be protected. we can't read articles 25 and 26 dehors part III

nataraj- article 25(2) has two independent components-it enables the state to make laws and second throwing open the hindu religious institutions to all sections of hindus

nataraj- article 25(2)-independent enabling mechanism-allows the state to regulate secular activities associated with religious to achieve broader soceital objectives