Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 7]

Subramanium: article 25(1) is a very big foundational right. conscience has to be looked differently because it has detached faculty from faculty of religion. It is applicable to all religiation that they have philosophy, tenents and practice to achieve and implement it.

these words need to be given a very wide and expansive meaning because there is an exercise of individual automony even in matters of choice of religion and extent of practice of religion. No two people may practice the faith in the same way.

Subramanium: now, the word profess-it can mean profess in practice or public. Similarly, practice can be in private or in another setting. if a person has enough scholarship and knowledge, and he wants to share his understanding of faith or religion, he can certainly give lecture.

All this is subject to public order, morality and health and all other provisions of this part because when you exercise these rights you must be mindful of the rights of all others who are entitled to exercise the same freedoms.

Sr Adv Gopal Subramanium to continue his arguments.

Subramanium: Article 25, in my submission, is the expanse of religious freedom because this deals with many facets of religious freedom. What is the concept of freedom of religion?

the personal journey of an individual towards accepting a philosophy as religious philosophy. It has more components than what we see in a judgment. It has four aspects, all covered in freedom of religious in article 25-

1. Philosophical content of religion

2. practices associated in aid of that philosophy

3. right of worship

4. extent of belief

all these are protected under the word 'religion' under article 25. This is because you may not adopt the practices of that doctrine or you may not actually be involved in the external worship either. But this is individual freedom under article 25.