Live Law

2026-05-13 06:51:22

  • Rejoinder submissions

    SG Tushar Mehta: in all these judgments in the past, the question which the court posed was reversed- whether its religious practice and if yes, whether its essential

    but real question would be- whether the practice in question is against public order, health or morality and violates 25, and if yes, then article 25(1) is apply

    the difficulty is this mylords are explaining FRs and it must be given the most expansive meaning. and articles 25 and 26 are where restrictive meaning is given. essentiality is textually absent. the moot question is what is the interplay- otherside said article 26 is a standalone but mystand is they are to be read together.

    part III incidentally has sub heading-each article is grouped together in a heading.

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