Live Law
2026-04-17 07:47:37
Dhavan: on Article 25(2)- "nothing in this article shall affect the existing law"-ladyship asked if it includes custom- it has to.
what does 'nothing in this article' means- it means everything. it means individual rights can't stand in the way of social reforms. you can't come up and say that under article 25(1), I have this right and this reform is not acceptable to me. Otherwise entire provision of article 25(2) would be negated.
But why was all this business of other provisions not included? you can't come and say that look I am not interested in social reform, I will to go to equality, untouchability. If social reform has to go forward, the individual under article 25 can't come up and say social reform is not acceptable to me and I am relying on Part III.
on secular v religious practice- Devaru made a mistake when it said we will make article 26(b) subject to article 25(2)(b). On social reforms- the question is-is it really social reform or a hoax? Article 25(2) will be negated if we connect it either with article 25(1) or connected to article 26.
on article 26- it concerns institutional rights. can you imagine a religion without institutional rights or property rights? without this, no religion will survive beyond six months.
