"Vaishnavism Not Limited to Krishna!" - SG Mehta Argues in Sabarimala Case

Añadido: 2026-05-24

[00:00:00]When we say vishnavites, it is not confined to Krishna worship, Lord Krishna worship because Lord Ram is also considered to be one of the avatars of Lord Vishnu. So those who are Lord those who follow Ram or they preach Ram Lord teachings they are also Vishnavites. Now that is one denomination. Vayishnavite is a denomination. Shites is a denomination.

[00:00:25]Shaka is a denomination. Now take for example Vayishnavites. It's not just Vishnavite. I can be a Vishnavite but Lord I will have Lord there are eight sra eight sub denominations separate not subdenomination. It was my mistake in use of the expression which owe their original theory and the Jewish and the religious doctrine to Vishnavism. Lord one is Shri Sraai Lord started by Rammanujan Lord that is adita that's that's the theory that's the religious philosophy which was started so Hinduism is a is a religion is a denomination and within Vishnavites Rammanujam sra is a separate independent denomination now if it wants to acquire property if it wants to do anything within the meaning of article 26 they may require registration there are ms for example brahma sra is mahavara that's theory they have ms and there is system going on every 2 years my lords are aware the matipati changes and etc there are internal then rdra sra lord that is called suda ada that is a separate denomination but a part of Vishnavite denomination. So there can be a denomination full-fledged denomination within six. Yesumaria very and just would be knowing more that is again a Vishnra movement. It is a denomination. It may may not be registered. It's not necessary.

[00:02:18]as you said under Amanuja there is also what is called Tangala and what >> exact I was not going into that I have that charge again separate those who are >> yes yes >> and the difference is in the U or the we nam >> yes their tak is different their salutation is different their way of wearing clothes are different their rituals are different same is is more elaborate I I I don't wish to make this a lecture on other denominations but there can be there can be a denom a small denomination whenever Madhava G or >> Madhava Gord anyone >> the understanding of 26 >> yes yes so Lord the question was that whether >> the other side has raised only with 251 >> yeah yes >> their trust is on 251 >> no lord the difficulty Is this one the constitution very consciously and advisedly uses the word because the framers of the constitution were aware about this internal plurality. It's very clear that they were aware about the internal plurality that they are not dealing with one particular religion practiced throughout the country without any internal plural divisions and therefore in 26 please see me and this is not noticed by any judgment so far including Shabriala and Shabriala relies upon SP Mittal SP Mittal also does not notice this constitutional uh expression please have a lookout 26 kindly for satisfaction. Have a look at 26. Subject to public order, morality and health, every religious denomination or any section thereof. They were aware about the internal plurality that there can be a section of denomination espal which lays down the taste of what a denomination would be in par 80 of the judgment. Lord, please see just for uh immediate reference.

[00:04:24]uh at page uh seven of my submissions.

[00:04:28]This is of course a majority view.

[00:04:30]Minority view has taken a different view of course without noticing section thereof. Please have a look at page page 7 because my respectful submission is that SP Mal is a wrong law and requires to be overruled. Please have a look 34.

[00:04:46]I'm not reading anything else other than what is relevant. the words religious denomination. This is SP Mal 5 in article 26 of the constitution must take their color from the word religion and if this be so the expression religious denomination must also satisfy three conditions one now this is what your lordships declared to be a law which came to be followed in sabriala and saburimala based on this says that is not a denomination therefore I'm emphasizing this is not a good law because it does not take into account section thereof. Please have a look. It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conducive of their spiritual well-being. That is common faith. Correct. Common organization not necessary. There need not be any organization. I am a shite. I need not belong to any shite organization whether registered or not. And third designation by a distinctive name. This is me wrong.

[00:05:54]And I can make a statement without my any fear of being contradicted in the entire judgment majority view in religious denomination or any section thereof is not noticed. Ayapun may be a section of some denomination. Why? Why?

[00:06:13]On what ground can they be denied fundamental right? Because there is a judicial definition evolved. Ultimately judicial definitions are artificial definitions. Lord I have also quoted the minority view of justice chinapa ready on the next page. I would earnestly urge your lordship to read at page 8 para 36 in spittal itself but it's a minority view. I must at the outset say it will be noticed that these sects possessed no distinctive name except of their founder teacher. This was Orbindu and had no special organization except a vague loose unnit one. The really distinctive feature about each one of these sects was a shared belief in the tenet taught by the teacher founder. Judicial definitions are not statutory definitions. They are mere explanations every word of which is not to be weighed in golden scales. Religious denomination has not owe allegiance to any parent religion. The entire following of a religion may be no more than the religious denominations. Lord there the justice also did not notice the section thereof. Thereafter in Sabri Mala the majority cites SPittal ayapans lost as being declared denomination on the ground of SPAL but there is a minority view in Sabri Malala of justice Hindu Malotra I'm not reading please note the para parah 485 and 499 where her leadership takes the view of course she also does not notice unfortunately was not brought to her notice section thereof But she does say denomination or any sect thereof. It's loosely worded.

[00:08:03]But none of the judgments notice section thereof. And therefore both the judgments are wrong. There can be a denomination denomination within denomination and denominations within even those denominations. That's the plurality in every religion in this country. And this is a country specific >> that that section thereof is constitutionally recognized power of judicial review over that decision of the collective belief has to be something which which supposed to be assured that >> because the collective belief is which constitute this. Yes.

[00:08:38]>> Who are we to go go and question that?

[00:08:40]You have to leave it to the wisdom of the collective beliefs on that. So that see these are we can we can say these are illustrative just for us to understand. But once you have a section thereof >> your lordship I have at the >> other actually vi >> exactly that's my respectful submission then your lordships are taking away it's not a privilege conferred upon it's a fundamental right given upon given to me ultimately at the last your lordships would recall the reference order says that we need to lay down the judicial policy how to deal with these matters and my lord while saying that all articles in part three would apply I I have also said and I I'll come to that that your lordship I would not argue that extreme proposition that there is no judicial review it's ousted that's not my argument but it would be very very very restrictive and the constitutional meaning of arbitrariness under section article 14 would not be the test while deciding because we are dealing with religion and religion may not have at times any causal connection.

[00:09:49]But for example, >> you're you're right because the word religion is found between articles 14 and 24 only in article 151.

[00:09:59]>> Yes ma'am.

[00:10:00]>> Against the state 152 you may say it's a horizontal right and 165 is where they say religious denomination except these three articles the word religion is not found in articles 14 to 21.

[00:10:15]>> I'm grateful. Then subject to other parts of part three must be only on the plane of religion and nothing