Hijab Ban- Karnataka High Court Full Bench Hearing (Day 7)- LIVE UPDATES

AG: Article 25 has different sections. To establish right under Article 25, they should first prove religious practise, then that it is an essential religious practice, then that ERP does not come in conflict with public order, morality or health or any other fundamental right.

AG : Elaborate analysis is done by Justice Chandrachud (in Sabarimala case). He culls out the entire law and gives some new nuances.

AG : The test used was if the religious would remain the same if the practice is removed.

AG now refers to Sabarimala judgment. Reads Justice Nariman's observations. 

AG : His (Munshi's ) thrust was on unity of the nation and on the narrowing down of religious practices.

AG quotes Munshi : "Religion must be restricted to spheres which legitimately appertain to religion, and the rest of life must be regulated, unified and modified in such a manner that we may evolve, as early as possible, a strong and consolidated nation"

AG quotes Munshi - We want to divorce religion from personal law. We are in a stage where we must unify our nation without interfering with religious practice. Religion must be restricted to spheres which are religious.

AG : Munshi says we should put a foot down on all practises which will bring down the country and seeks to narrow down religious practices and seeks for a uniform civil code.

AG says Munshi's remarks have been quoted by CJ Kehar in Shayra Bano case.

AG : The entire law on essential religious practice was consolidated in the Sabarimala judgment. Before that, the need for bifurcating this was first spoken by K M Munshi in constituent assembly debates. This has been quoted in the Shayra Bano case.

AG quotes from the judgment: "There is nothing which a man can do, whether in the way of wearing clothes or food or drink, which in not considered a religious activity. Every mundane or human activity was not intended to be protected by Constitution under the guise of religion"