Sabarimala Reference | Live Updates From Supreme Court 9-Judge Bench [Day 8]

J Sundresh: wider import will have to be given to the word denomination under article 26 to make it inclusive of different sects and groups.

J Sundresh: no need to go into all this, if you say article 25(1) which says about conscience it doesn't speak of religion. if a common believer having a conscience and then they can form denomination. They have to give effect to the word conscience.

J Bagchi: the legal interpretation that you are giving of denomination may become problematic because we will be reading an independent expression consciously used by the constitution marker and equating denomination with religion.

J Bagchi: when the makers used the word religion as in article 25(1), as one religion or section thereof, instead of using the word denomination, the denomination must be given a distinct and different meaning from religion. if we give a generic meaning, as you suggested that the religion encompasses everyone and it should be treated as a denomination in contradistinction to other religion, if we do that we would be giving the same meaning in article 25 and making the two words same. but the markers have used consciously denomination in article 26 and religion in article 25(1).

J Sundresh: there may be private denominations that can become public character. India is such a wonderful country, each place is different, some have family deity etc

Raj: why we are before you? for 75 years, the interpretation given for the religious denomination-rights of majority of hindus, I say so coming from Tamil Nadu and Kerala, 95% don't belong to any denomination which is so-called approved by this court, where do we go?

J Nagarathna: temples follow Shivaite, Vaishnavite worship, and that is why they are called denominations. Now, in a Shivaite type of worship, Vaishnavite can't say we would like a Vaishnavite form of worship. there is a difference. Therefore, that form of worship is protected. that has nothing to do with organisation; that is not necessary. A Hindu is a hindu and he can go to any temple.

J Sundresh: according to you, there is a conflict between articles 25 and 26?

Raj: article 25(2)(b) may infringe the rights under article 26

J Sundresh: then the problem would be how do we give effect to?

J Sundresh: tell us whom does article 25(1) applies to?

Raj: article 25 first part will apply to all persons

J Sundresh: first part speaks about persons so it applies to all persons but it will not apply to the denomination? what does standalone provision mean? see, if you make a submission try to make it legally sustainable. if 100 people join together and make a religious denomination, you say they have a right under article 25(1) and can be regulated under article 25(2) but it can't be under article 26?

Raj: the individual petitioners rights to enter the sabarimala temple under article 25(1) must yield to the rights of the community of Lord Ayyappa devotees under article 26(b).

Raj: on primacy- a structural primacy of article 26 over the individual rights under article 25(1). when there is no subject to other part is mentioned, and taking it to entire structure of article 26, if there is any conflict between article 25(1) and article 26(b), article 26(b) should prevail.