Live Law
2024-01-24 05:40:54.0
CJI : anyway there is are challenge to the provisions of the Act , therefore we proceed on the provisions of the Act being valid.
SG: post constitution 81 amendment is not challenged
CJI: so we take the act as it stands and see its impact on the minority status...because if similar provision is to be made today would that take away the minority status of the institution
SG : it may , it may the present govt under the constitution cannot compel them...
CJI: the two test would this, which of these provisions are relatable to the overall regulatory powers of the State which even Article 30 allows and which of these provision go beyond the really regulatory provision which is agnostic to religion and destroy the minority character