Over the course of several articles, we have seen how the makers of our Constitution never intended the Fundamental Rights related to practice of religion and administration of educational institutions to be discriminatory in nature i.e. they were never meant to be anti-majority. We have especially seen how the minority leaders themselves, during the Second... Continue Reading →
Article 30: Test of Validity or Applicability?
There has been some discussion on social media recently wherein some people have questioned the voices against Article 30 of the Constitution. The question is "What is the problem with Article 30? It is only a protective right to ensure no minority community is deprived of educational rights". This post will attempt to explain why... Continue Reading →
Minorities in India: Who Decides?
In the year 2017, Sri Ashwini Upadhyay, a lawyer and senior BJP leader had filed a PIL in the Supreme Court of India asking, primarily, for section 2(c) of the National Commission for Minorities (NCM) Act of 1992 to be declared as void and unconstitutional. He later withdrew the petition stating that he would approach... Continue Reading →
Evolution of BJP’s Policy Towards Educational Institutions
In this post, we look at how the policy of the Bharatiya Janata Party and its predecessor organization - the Bharatiya Jana Sangh - has evolved over the years with respect to the administration and management of educational institutions. These stances of the party have been sourced from the publicly available policy documents and manifestos.... Continue Reading →
The Real Core Voter Won’t Be Silenced
A few days back, an article titled “Why The Core Hindu Voter is Upset With Modi” was published in the Swarajya magazine. The same writeup also appeared as the cover article in their May 2018 print edition. It analyzed the outlook of the present Modi administration towards Core Hindu issues and surmised that there has... Continue Reading →
Approaches to Affirmative Action
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 →
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 →
Pranasutra 