Justice Dixit : How to ascertain Conscience?
AG : When you propagate your belief. Assuming I believe in Buddhism. Once I start to practise the religion, once you assert then you come in the realm of conscience.
Justice Dixit: How makers of the constitution have interpreted it?
AG : I have referred to the debates.
AG : Yes that is why they have used the words freedom of conscience and right to practice religion.
Justice Dixit : One can be highly religious but not have a conscience and others may have a conscience but not be religious.
Justice Dixit quotes a shloka and says he does not do any pooja, but that is also protected under freedom of conscience.
AG: What you manifest outside, is covered under freedom of conscience.
CJ : Conscience and religion are two different things
AG : Mr.Kamat during argument gave the example of wearing Rudraksha. Wearing Rudraksha is the manifestation not the belief.
Justice Dixit: Do you want to say that freedom of conscience is limited to only atheist?
AG : Certainly no.
AG :Freedom of conscience refers to the mental concept. Freedom of religion refers to the external manifestation through observances and rituals.
AG: Freedom of conscience and religion -most sacred part of our Constitution. I took extra interest in understanding what freedom of conscience is.
AG : During covid times, all religious places of worship were closed. The reason was health.
In every situation like, now that they have come with HIjab, courts will have to test whether it is public order, morality or health.
AG: If somebody is to assert the exercise the right to freedom of religion. The court will have to see if this exercise affects public order, morality. Whenever challenge comes before court,first test according to me, whether it comes against public order, morality or health
AG submits that the series of rights under Article 19 can be regulated only by a "law to be made by the State". But "law to be made by the State" is not present in Article 25, and this right is subject to "public order, morality and health".