Dave : Whenever I am free, all that I do is read Constituent Assembly Debates, and we had extremely intellectual debates. No other Constitution in the world was debated like ours.
Dave refers to meaning of "Public Order" in Lohia and Madhu Limaye cases.
Dave : Law can't be confined to that...
Refers to Article 13, says the Karnataka Govt circular is "law" by deeming fiction and it is void for violating fundamental rights.
Dave : Article 13 applies to a circular too.
Justice Dhulia : Here your argument can be self-contradictory. Because, the argument was, right to wear hijab flows from Article 19 and it can be restricted only under 19(2) only by a statutory law.
Dave : Is the wearing of hijab threatening the unity and integrity of India?
Justice Dhulia : Nobody is saying that. Even the judgment does not.
Dave : Ultimately, that is the only restriction.
Dave : Just like Turban for Sikhs, hijab is important for Muslim women. Nothing wrong with that. It is their faith. Somebody wanting to wear tilak, somebody wanting to wear cross, everybody has the right. And that is the beauty of social life.
Dave : For centuries Muslim women have been wearing hijab. And in countries, across Malaysia, Arabia, or America, in modern world, Muslim women are wanting to wear hijab.
Dave : Kindly keep of the warnings of these Great Indians first, this is my preface.
Dave : Fraternity is one of the avowed goals of Constitutions. And it has been completely lost sight of by the Government.
Justice Gupta : My debate is to what extent CAD are relevant to interpret the present day Constitution.
Dave says "to the fullest extent". -
"They gave birth to Constitution. These are people who spent over 2 years on Constitution. And their views are sacrosanct"