Hijab Ban- Supreme Court Hearing- DAY-8 Live Updates

Dave on Constituent Assembly Debates: I am not for a moment saying that they are fixed but they help us understand the thought process and to that extent they are important. To understand their intent, and mindset.

Justice Dhulia : for purposive interpretation.

Justice Gupta : The individual opinions in the Constituent Assembly, they are the individual opinions. After that, they have given us the Constitution. So are the individual opinions important?

Dave : They are important to the extent of understanding the thought process.

Justice Gupta : We have only a limited question, whether the headgear can be permitted with the uniform.

Dave : For Muslims, the headgear cannot be prohibited.

J Gupta : We have been hearing the arguments for the past 8 days.

Dave : The finest of the social organisation today the RSS they have a uniform, they have a headgear.

Dave : Uniform is an unnecessary burden on the majority section of the society. Many people don't have the money to buy uniforms.

Justice Gupta : Uniform is a leveller, to avoid disparity. Your richness or poverty can't be made out from the uniform.

Dave : I would add Article 25 is an article of tolerance.

Dave quotes from Bijoe Emmanuel - Article 25 is an article of faith in the Constitution, incorporated in recognition of the principle that the real test of a true democracy is the ability of even an insignificant minority to find its identity under the country's Constitution.

Dave quotes from Bijoe Emmanuel- If the two circulars are to be so interpreted as to compel each and every pupil to join in the singing of the National Anthem despite his genuine religious objection, then such compulsion would clearly contravene the rights

Dave : Bijoe Emmanuel decision is important for two reasons. Not only for interpreting Article 25 but also because it interprets the Kerala Education Act which is pari materia with the Karnataka Education Act.

Justice Gupta requests Dave to give a written note too.