Article 124(2) of the Indian Constitution deals with the method of appointment of Judges to the Supreme Court. Its form, prior to the failed NJAC Constitutional Amendment Bill of 2014, was as follows: "Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal after consultation with... 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 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 →
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 →
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 →