Deity has rights under Article 21, 25(1) and 26 (b), J Sai Deepak.
His right to remain a "naishtika Brahmachari" part of right to privacy under Article 25, Sai Deepak J.
Tmrw men might seek exception from taking 41-day penance, Sai Deepak J.
Yes, in this case denomination is devotees who subscribe to the belief of that particular temple irrespetive of Muslim, Hindu or Christian, responds Sai Deepak J
But it should be religious denomination, Nariman J.
Denomination is decided not on the background faith of the devotee but whether the devotee believes in what is essential characteristic of the temple/ deity, replies Sai Deepak.
Sai Deepak citing case of Kamakhya temple.
"You have a right subject to other persons right, subject to Part III and subject to laws made", Nariman J.
Essentialty aspect has taken charge of A.25 but it should not be so. Because if something is essential it becomes inviolable", DY Chandrachud J.
Essentiality test equally applies to Article 25(1) as it does to A. 25(2) and 26.
Exclusion does not mean discrimination, Sai Deepak.
Notifications are codification of existing practice/ custom. By striking down the same we are not merely quashing the notification but also going against the custom, Sai Deepak.
"Kelsen's theory should not be applied here. Your Lordships should find a leeway."
Otherwise it will lead to social tensions in Kerala, Kailasanatha Pillai.
Your Lordships have to be very circumspect when exercising judicial review in matters of faith, Kailasanatha Pillai concludes his arguments.