Live Law
2026-05-14 06:16:38
Gopal: I must say the judgment in electoral bond employing the test of proportionality is not necessarily the only way to interpret the constitution if they are coming into the tension with each other.
devaru is a judgment which didn't use the word proportionality but harmony.
Senior Advocate Rajeev Dhawan: the arguments on the other side boils down to one proposition-there is an assimilated way to read fundamental rights. this started in 1970 in RC Cooper to Menaka to Minera Mills- this is responsible for a large part of interpretation.
if anything could be assimilated, article 21 will be assimilated in article 26 and so and so forth. we have a huge constitution, I have divided it into ten text. I am going to concentrate on justice and political text.
mylords are concerned with justice text- when you exercise justice text, there are huge appratus of concepts you can use. when you are looking at political text, you exercise rule of law. that, you have been given power by the constitution to not cross the line.
you are not exercising jurisdiciton over the political text which gave us many doctrines. we are in the common ground, that this is a social document of the most diverse country in the world.

