Kamat agrees that Article 13 includes delegated legislation. "It includes delegated legislation which flows from primary legislation. I bow down to it", Kamat responds to Justice Dixit's observation.
Justice Krishna Dixit observes the word "law" - as used in Article 25- can be understood from Article 13(3) which mentions byelaws, notifications etc. The observation is in context of Kamat's submission that banning of hijab cannot be delegated to CDCs.
CJ : Before we switch over to the rulings, let us understand Article 25.
Kamat reads Article 25.
Kamat : The GO is not that innocuous. They say prohibiting head scarf is not a violation of Article 25 and delegated the matter to CDCs.
CJ : They are saying on the basis of three rulings.
Kamat : I am saying that is based on an erroneous understanding.
Kamat : The State has a positive duty to ensure that people are able to exercise fundamental rights. They cannot be restricted saying another set objects.
CJ : Whether by this GO State has put any prohibition on wearing head scarf?
Kamat : Yes.
Chief Justice : We are only trying to understand whether by putting this GO has in any manner restricted Article 25.
Kamat : There is a concept "hecklers veto". If I walk at night and someone heckles me, can my right be restricted saying public order. This question has arisen in context of free speech.
CJ : Come to the point of this case.
Chief Justice : Article 25 starts with the words "Subject To". What does it mean?
Kamat : Public order is not a mere law and order disturbance. When there is a heightened sense of law and order, it will be public order.
CJ: What is public order? Shed some light.
Chief Justice : The question is whether this right conferred under Article 25 is an absolute right or relative subjective to certain restrictions?
Kamat: Article 25 rights are not subjected to reasonable restrictions as under Article 19.
Kamat reads Article 25: As far as this case is concerned, we are not concerned with grounds of "morality" or "health". Only restriction which aids the state is "public order".