Live Law

2026-04-21 11:18:09

  • Sr Adv Gopal Subaramanium begins

    under our constitution there is separation between the state and religion, that is the correct submission I support Solicitor General

    the extent of state control by way of reuglation must be minimal and must be narrowly tailored to meet certain objectives

    position relating to articles 25 and 26-necessarily they apply to all religion and therefore the quesiton that arises- the true meaning of expression religious denomination-whether it is religion specific or applies to all religion

    Article 44 of the Irish constitution was the bedrock, shall we say, the drafting committee looked at it

    when one looks, it uses the word religious denomination in the context of catholic chruches, the Anglican Church, Jewish congregations, and other religious denominations.

    so one possible interpretation which your lordships have to consider is considering all constituent assembly debates-was there a need and a way to put to put religious denomination separately instead of using article 25(1). In other words, is article 25(1) the general principles for all persons. they are entitled to freedom of conscience, religion and they can freely practice, propagate religion. but when you see the words in article 26, every denomination, unless we want to give a restricted meaning to the word denomination, it must mean every religious denomination of whatever kind

    the way shirur mutt has been interpreted over the years requires some course correction

    what is the meaning of the expression denomination? if the word means adherence of a religion- it still can constitute a religion. if you follow a religion and you come together and organise yourselves, you could well satisfy the three test criteria as per J Mukherjee's judgment and would constitute a denomination

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