Apple from the Hills Consider a hilly area near the Himalayas somewhere in North India. Owned entirely by the local Government, a special variety of Apple grew there. Every year, only a few hundred apple grew and there was always heavy demand for the same. After harvest, the Government, with all its noble intentions, gave... Continue Reading →
Issues with the Karnataka HR & CE Act
Recently, the Karnataka Government sent out a circular seeking feedback from the public over the issue of taking over of Hindu mathas and (additional) temples. In the face of a strong backlash, the circular was withdrawn within a day. Even as the entire HR&CE Act was struck down as being unconstitutional by the Karnataka High... Continue Reading →
The Non-severability of Economic, Financial and Religious Practices in Hindu Temples
Link to an article arguing how Government takeover of Hindu temples is unconstitutional.
Educational Rights According To The Makers Of Our Constitution
Over a number of articles, we have seen the various phases of development of Article 30 during the framing of our Constitution. In particular, we have looked at how the text of the Article, as it stands today, was derived heavily from a memorandum submitted by a group of minority leaders during the Second Round... Continue Reading →
The 93rd Amendment vs Article 15(1)
Introduction This is part-2 of a two-part article that attempts to show why the 93rd Amendment of the Indian Constitution, that inserted Article 15(5), is discriminatory and against Constitutional principles. The first part shows the origins of Article 15(1) and explains how its intent was to have an over-arching principle of non-discrimination across all provisions,... Continue Reading →
The Intent Behind Article 15(1)
This is part-1 of a two-part article that attempts to show why the 93rd Amendment of the Indian Constitution, that inserted Article 15(5), is ultra vires (of the Constitution, of course). In this first part, the reasoning provided by the makers of the Constitution in creating Article 15(1) will be detailed. In the second part,... Continue Reading →
The Source Document(s) for Article 30(1)
Introduction In a previous article, we had seen how the initial Draft versions of the Indian Constitution prepared by Dr K M Munshi had guaranteed a very different form of educational rights to its citizens. It was based on the Polish Treaty of World War I and proposed explicit, and equal, educational rights to all... Continue Reading →
RTE – Destroying Hindu Run Schools
Link to a presentation, prepared by us, giving comprehensive information about #Core1 and RTE, tracing its genesis from the formation of the Constitution to the various case laws and analysing its effects as of today.
Attempts at Core1 Prior to the Debates in the Constituent Assembly
Introduction Before proceeding further with this article, it would be better if the following two articles are read, and their context understood. The initial version of Article 30(1) proposed by one of the key members of the Constituent Assembly Experts Committee The modifications that happened to (the eventual) Article 30(1) before it was officially included as... Continue Reading →
The ‘Core’ Judgement in Re Kerala Education Bill
As part of a short discussion on a previous article on Twitter, a reference to the dissenting judgement of Justice Venkatarama Aiyar in 'Re Kerala Education Bill vs Unknown' came up. Since that dissenting judgement has many aspects in line with the #Core1 approach, this article attempts to highlight the various views of Justice Aiyar,... Continue Reading →