Hijab Ban- Supreme Court Hearing- DAY-7 Live Updates

Dave : High Court says (fundamental duty) under Article 51A is more important. It cannot override fundemantal rights under 14, 19, 21 and 25.

Quotes from Minerva Mills case.

Dave says he has immense respect for Maharaja of Baroda Sayajirao Gaekwad II who sponsored Dr.Ambedkar's education. He adds the Maharaja initiated many reforms like girls education. Emphasises that he made a law against Water Pollution in 1920s.

Dave quotes Ambedkar speech "Bhakti in religion may be a road to the salvation of the soul. But in politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship" and says he was making veiled reference to Gandhi and Nehru

Dave : Probably, Dr.Ambedkar was making a veiled attack against Nehru. He had reservations against Gandhi and Nehru.

Justice Dhulia : Not against Nehru, it came later, during the Hindu Code bill. Nehru brought Ambedkar as the law minister.

Dave says that when the first draft of the Constitution came, which was approved by Pt Nehru, it had no provision for enforcing. Dr.Ambedkar said what is the point if rights can't be enforced and that is how Article 32 and 226 were inserted.

Dave refers to Article 25 - says the words used are "freely practice, profess and propagate" religion. The word "religious practice" comes only in 25(2), which is not relevant in this case.

Justice Gupta : Whatever the judgments I have seen, they are talking about religious practice inside the religious places..

Dave : That is restricting too much.

Justice Gupta : What is meant by religious practice?

Dave : Your lordships have held what the community believes, what the individual believes as the religious practice.

Dave : The High Court judgment has gone on and on about essential religious practice.

Dave : The theory of essential religious practice is wholly irrelevant. And this essential religious practice test has been doubted in 1960s...that in Shirur Mutt, the Court never really said essential religious practice.

Justice Dhulia : It was in the context of Article 26