Live Law

2026-05-14 05:56:02

  • Gopal: all places of worship doesn't follow a uniform pattern- keeping this in mind there may be occasion where mylords would have to do a prima facie evaluation. CJI said when initial burden is discharged, the person would have to justify how is that justiciable.

    whenever appropriate, mylords would differ.

    J Nagarathna: usually when there is an encroachment or invasion into that the question would then arise

    Gopal: the judgments in relation to conjunction of fundamental rights in Cooper, Menaka Gandhi etc don't operate in this sphere. in the very nature of things, the right to religion is contrarian to the principle of reason in article 14. these dimensions can't be tested with secularism.

    articles 25 and 26 are unique provisions. article 25 says subject to other parts- the purpose of other provision can be divided into 3-

    -the rights which follow article 25- 26, 27, and 28-they process freedom and also the man who created an endownment.

    J Nagarathan; they are manifestations of these rights

    J Bagchi: by that logic, articles 29 and 30 would also come

    Gopal: when you read these rights, the landscape is very different against matters where you enforce right against the state

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