[Hijab case] To what extent are Constituent Assembly Debates relevant to interpret Constitution today: Supreme Court

The Supreme Court on Monday asked the petitioners challenging the Hijab ban in Karnataka schools and colleges as to how far Constituent Assembly Debates (CAD) can be relied upon by the Court while examining the scope of Article 25 of the Constitution. .The query was posed by the bench of Justices Hemant Gupta and Sudhanshu Dhulia hearing the case. The bench sought to know from petitioner's counsel Senior Advocate Dushyant Dave as to how far would constituent assembly debates help in "understanding the present Constitution."."To what extent constituent assembly debates are important to interpret this provision. We have to look at the language of the law. To what extent are Constituent Assembly Debates relevant to interpret the current day Constitution," asked Justice Gupta. .Dave stated that CAD reflects the intention and will of those who drafted the Constitution."Constitution is not a changing document. It is they who drafted it. Preamble, basic structure are part of constitution," Dave said. .However, the bench has asked the petitioners to submit precedents before the Court to show how far CAD can guide the court in interpreting the current case. .The Court is hearing a batch of pleas challenging an order of the Karnataka High Court which had upheld a government order (GO) effectively empowering college development committees of government colleges in the State to ban the wearing of hijab by Muslim girl students in college campus..Dave submitted today that the ban on hijab was part of a pattern to marginalise the minority community. "You want unity.. today you have to ask permission from a magistrate if a Muslim and Hindu want to marry. Two of the senior most members of the BJP, Muslims, are married to Hindu women. You will have to consider the principle of malice in law. Your are passing this resolution for uniform, but the intent is something else. We are telling the minority community, you will do what we tell you," said Dave. .Dave said that he had studied for 14 years in a Christian institution no one ever forced him to get converted to Christianity."My children also went to the same. Who goes to the most mosquito infested areas of this country, it is Christian missionaries," said the Senior Advocate. .Further Dave submitted that Constitution is a contract between every citizen and the document. "As and when a person is born, the constitution gets linked to the person. This is why framers used such beautiful words like "liberty of faith" and "liberty of religion," Dave contended. .Every individual has right to choose his/ her own attire, Dave said and highlighted how Prime Minister Narendra Modi presents himself on Independence Day celebrations from the ramparts of the Red Fort."Our Prime Minister every Independence Day beautifully wears a head gear. This is to show diversity and how beautiful is this," said Dave. .Read more about Day 1 here.Read more about Day 2 here.Read more about Day 3 here.Read more about Day 4 here.Read more about Day 5 here.Read more about Day 6 here. .[Read our live-coverage from today's hearing]