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 →
The Original Form of Article 30
In an earlier article, I had blogged about the evolution of the Cultural and Educational Rights of the Minorities in the Indian Constitution in the form of Articles 29 and 30. In that post, I had covered the modifications that the relevant Articles underwent from the time the first draft of the would-be Articles was... Continue Reading →
An Analysis of the Lingayat Demand for Minority Religion Status
Link to my article, published by the kind folks at MyInd, on the recent controversy in Karnataka with the Lingayat community demanding a separate minority religion tag from the Government of India. Why are the Lingayats in Karnataka demanding a ‘minority religion’ status? Also read this excellent analysis by RealityCheckIndia on the same issue. Lingayat... Continue Reading →
Issues with Constitutional Interpretation Styles
In the judiciary, various techniques or styles are deployed when it comes to interpretation of the Constitution. A study of these 'Constitutional Interpretation' methods help understand the approach taken, and the reasoning behind, the judgement arrived at in any particular case. Although interpretation styles can be attributed to any judgement, they become especially relevant in... Continue Reading →
Abdicating Legislation to Judiciary?
I was recently reading the book - "The Vision of the Anointed" by Thomas Sowell. While discussing the issue of "Judicial Activism", the author briefly makes a point about how, in the US, the "anointed" deliberately blur the concept of separation of powers and leave some parts of legislation unclear so that they could use... Continue Reading →
Difference in interpretation between Religious Establishment Rights & Educational Rights
I want to highlight a strange difference in interpretation, by our executive and judiciary, of the Rights guaranteed under our Constitution for running our temples (religious establishments) and a section of our citizenry running educational institutions. Common structure between religious establishment rights and educational rights There is considerable similarity in the way rights related to... Continue Reading →
Educational Rights for Hindu Minority Communities
This post is part 2 of a 2-part series. Read the 1st one here. Article 23 in the Draft Constitution When the Constitution was being drafted, the Rights under Articles 29 and 30 were clubbed under a common Article 23. This Article had 3 clauses. Clause 3 had 2-sub-clauses. The entire Article consisted of clause... Continue Reading →
Evolution of Minority Cultural & Educational Rights
This post will be part of a 2-post series where I aim to prove that the makers of our Constitution very much intended to provide Educational Rights to all communities, INCLUDING THOSE WITHIN THE HINDU RELIGION. The deduction of that intention will be made in the 2nd post of this series. However, in order to... Continue Reading →
Pranasutra 