Live Law
2026-04-15 09:20:42
Singhvi: on harmonisation, if mylords can clarify the paragraph of sardar syeda.
J Sundresh: it is too dangerous for us to do so to read it in certain idea where to say that notwithstanding the social reform.
Singhvi: unlike Vaidyanathan, I am preserving the second part as well as the first part. core of the syedna judgment must be maintained but there are words available without saying that 9 judge has upheld essentionality
J Sundresh: when it comes to element of social welfare or reforms, that is for the government or the state and also for the court- to that extent, we can't trace it under morality or public order
Singhvi- it is my case that social reform or welfare must be allowed contrary to my learned friends and first 5 words must be given meaning
J Sundresh: we gave the example of hindu succession act- its a social reform
CJI: it would depend on case to case basis
