Pasha: a masjid formed by the residential society or neighbourhood open to all sections will be open to all-nobody can walk into the masjid and ring bell and do aarti-nobody can do that irrespective of denomination
Pasha: i submit that in every single case there will be a right holder
J Amanullah: there will be element associated with entry, worship, somebody has to do that so who is the body who will manage it and that will have to be protected.
Pasha: the constituent assembly debate didn't suggest otherwise- a non denominational institution will have no right of management. my submission is, the correct inquiry is-who is the right holder for the purpose of this place of worship
Pasha: any other form of entry [indoor v outward form of management], the management will have the right to decide. Solicitor says we all go to Nizamuddin dargah, it is because the management decided.
Pasha: when we come to article 26(b) and 25(2), the right of collective to indoor management is covered article 26(b) and what is covered is entry. the question of entry is not simply in article 25 or 26. a certain aspect of entry has been covered under article 25(2)(b).
Pasha: why article 26 is consciously placed above article 25-when an individual comes to an organised religions, when he comes to article 26, he is choosing to subservient to the religious denomination.
example- a company-individual has rights under article 19 for instance ongoing wars in Iran and Ukraine. but I can't demand as a matter of right say boycott the goods of the aggressor countries. cooperation has certain levels of managements.
Pasha: J Bagchi gave example of mass suicide, it automatically comes within 'practice' under article 25 and therefore subject to other provisions.
Pasha: 25 and 26 have been used in the latter judgments synonymously. there will be overlap but degree of overlap is far smaller, article 25 protects religious practices and article 26 protects manage affairs in respect to the religious practice.
Pasha: essential religious practice test- in Sardar Syedna, ERP was an additional level protection and not subject to social reforms- originally it was essentially religious and essentially secular but then it became essential religion practice.
Self-flagellation of Shias-nobody can say it is not contrary to health but state can regulate it.
Pasha: 25(2)(a) will be an explanation to religion-what religion is not. article 25(2)(a) is defining what article 25(1) is not.
second part-article 25(2)(b) will operate within the ambit of article 25(1)-public order, morality and health, social reform would not take colour outside public order, morality, health and.