Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]

Kaul: this collective autonomy implies the right to exclude certain persons or practices from religious practices. this is necessary to maintain the strength of the religion and to ensure the religion doesn't lose its identity.

Kaul: article 25 specifially states it is subject to other provisions and article 26 doesn't contain any such clause. the constitution already supplies a complete meaning to article 26, limiting it to public order, morality and health.

to read other parts to article 26 would render the difference between article 25 and 26 otiose, create a hierarchy of rights even thought the constitution doesn't provide, and provide a backdoor entry for other provisions of part III to article 26 in effect a judiciary-engineered expansion of state power beyond what the text authorises. a religious denomination right presupposes a high threshold of collective identity.

J Nagarathna: in 2016, the Maharashtra legislation has repealed the ex communication act.

Sr Adv Neeraj Kishan Kaul: yes

CJI: just point this out