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 →
