The outgoing chief justice sided with the majority view because he believed it advances the constitution’s commitment to secularism, which is now recognised as one of its basic features.
The landmark judgment came while the court revisited a judgment from 1995 that called Hinduism a “way of life”.
The 1995 judgement on Hindutva will not be reconsidered as the court will restrict itself to deciding whether or not appealing to the religious sentiments of voters amounts to a corrupt practice.
A seven judge bench headed by chief justice, T.S. Thakur, will consider if seeking votes in the name of religion will amount to a corrupt practice.
Attorney General Mukul Rohatgi pleaded for more time and asked that the Supreme Court not issue any notice at the moment.
Melting down the traditional gold headgear without assessing its antique and commercial value is against the letter and spirit of the constitutional protection to antiquities, the petitioners have argued.