Note: Work in progress article Legend Article: The Article number under Part III of the Constitution Focus: The particular ‘area’ of Rights that the Article focuses on Form: Whether the wording of the Article is in the form of a grant of Right, restriction on the State, prohibition of an ‘evil’, protection from exploitation, etc... Continue Reading →
Fundamental Rights – As Recommended By The Sapru Committee
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 →
League of Nations And The Intent Of Minority Rights
In an earlier article, we had taken a look at the minority rights provided in the Constitutions of several European countries in the early 20th Century, specifically after World War I. That previous article was in response to a post that claimed the type of privileges given in the Indian Constitution was similar to the... 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 →
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 →
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 →
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 →
Core and the Rationale Behind Equal Rights for All Institutions
This article is a response to the article titled "Jamia and the Rationale Behind Special Rights for Minority Institutions" published by The Wire on the 22nd of August 2017, in which the author has attempted to justify, with several arguments, the need for special status for minority educational institutions. A response is especially important since... Continue Reading →
