Live Law
2026-05-14 05:28:07
Gopal: Ms Jaising said that very accurately that these tests have nothing to do with this. its incapable of application. articles 25 and 26 may overlap, but they are capable of operating in distinct spheres; there would be no tension and conflict. even the quesiton of harmonisation would not arise- harmonisation is a sound rule to solve the mild tension between two competing rules.
One point of J Varale on rationality- the question stayed with me throughout the hearing-the scope and length of judicial review is not the same as Article 14. In other words, an irrational factor is relevant with Article 14, but for Article 25, the test of rationality doesn't apply.
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