Sabarimala Reference : Live Updates From Supreme Court 9-Judge Bench Hearing [Day 13]

Gupta: refers to one case banning cow slaughter, which was challenged. The answer was even though it is not an essential practice to slaughter cows.this problem arises in hindu temples also where animal sacrifice is there. For instance, in Bengal it was a part of worship of Kali. In majority, it has been replaced by sacrificing vegetable. How mylords would narrow it down: you will say whether it is essential or not

gupta: equally entitled means nobody's right is higher than the other's right. At the time of constitution being framed, any contended for caste reasons that their rights were higher but the framers felt all should be equally entitled.

J Bagchi; it also negates conscience which says my conscience is higher-the constitutional scheme actually abjures it

gupta: the first and most important thing is individual because what has to be protected is individual it may be through an institution. in other words if the individual doesn't have a right, the institution will not.

the state's power to legislate is not an actual right of an individual under article 25(2).

gupta: speaking about the shirur mutt judgment.

gupta: principal religions are well definition. but when teaching leads to new religion- teachings of aurobindo-in SP Mitthal first question was is it a religion? court said its not a religion. only in very rare cases mylords will be called upon.

Gupta: first propostion-religion not definition in constitution- religion has basis in system of belief and doctrines as conductive to spiritual well being- I don't think a definition is necessary because on case to case basis mylords will have sufficient guidance

Gupta: first question- we are in the arena of interpretation of the constitution, I will only make submission-read the document of constitution for purpose of governance, its not a spirtual document. when you interpret article 25 or 26, you are doing it for purpose of governance,

archarya may say the definition of religion is wrong but mylords have to understand in context of governance. it is sometimes referred to as policy of law. when there is no rule of law, there is policy of law.

Gupta: one preliminary issue- doctrine of precedent-i am emphasising two aspect- higher court is binding on lower- by constituting 9 judge, there is no single judgment as of now binding. however, there are two other doctrine of precedents taken from House of Lords which have been accepted in several judgments- [reads it]

Gupta: I had specific instructions in the original to oppose the ban on entry of women.

Gupta: these are seminal issues, mylords have changed stands and today you are sitting to deciding if you have to again change it or not so a State can also do that.