Live Law

2026-04-17 08:34:20

  • Dhavan: what will we do without article 26? will religions will be doomed. it is the most important right for the sustainability of religion across time.

    would there have been christianity without the church? it is the church which is responsible for the continuance of Christianity. It is true of Islam and Hindus. It covers all faith.

    If you don't give autonomy to manage religious institutions, all these institutions will fail. That is the important part of the word manage because if its a religious institution, you have to manage all religious autonomy.

    J Nagarathna: you are in consensus with Vaidyanathan's arguments?

    Dhavan: to an extent

    J Baghci: will you agree that managing religious affairs under article 26(b) are congruent not on the individual or institution but on activity with the words freely, pratice propage religion?

    Dhavan: I would not subject article 26 to article 25

    J Bagchi: Managing religious affairs is the external expression of the religious beliefs and will there not be a congruence between freely practising, professing and propagating religion that is second limb of article 25(1) and managing religious affairs that is clause b of article 26

    Dhavan: The important word is congruence, which may take colour from it without subjecting itself to that article because autonomy requires not subjecting

    J Bagchi: if your argments is accepted then the subordination of individuals with the words 'subject to other provisions' as well as a more definitive with legislative enabling powers of article 25(2)(b) would be rendered nugatory by the individual professing the same right through the institution under article 26(b)

    Dhavan: article 25 is unlimited in the sense the court can interpret whether its social reform or secular

    J Bagchi: do you agree that when the legislature in its honest pursuit of social reform bring statutory reform it has impact on article 26. In case of conflict between individual and denomination with regarding to managing of affairs and professing but when it comes to state, if article 26 is held as a separate inasileable island it would become demit of reform

    Dhavan: we have to integrate them

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