Live Law

2026-05-14 05:46:29

  • J Nagarathna: that is the why religion can be preserved in this country

    Gopal: power is being conferred to denomination, or they will cause detriment to the rights- these are assumptions which we can't start with. mylords can also urge that denominations can exercise freedom in the reasonable matter.

    on judicial review- since this is such a previous fundamental rights under articles 25 and 26, please don't divest your rights here because its the most sacred rights

    J Varale: it may not be possible in reality always.

    Gopal: I certainly can't rule out the possibility that mylords will be asked to adjudicate some religious practice which is abhorrent.

    J Varale: there can't be handsoff approach

    Gopal; no mylords, i am just requesting but keep it always available.

    the faith of the believer and the legal adjudication of right- faith of a believer is subjective and courts can't review it. it is difficult to review acts related to conscience. however, if suppose a person were to assert...

    J Bagchi: there is a difference between judicial review and judicial adjudication. the state of mind has always being a matter of judicial review. on a merit or value judgment, it may not be possible.

    Gopal: it is through an evidenciary process where basic beliefs are set out to consider what is the injury, certainly courts have jurisdiction. what I meant is beyond that state of mind.

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