Live Law

2024-01-24 06:01:29.0

  • CJI: the law is not that you can claim the right under article 30 only if you establish after the constitution. Now we are reading a here a Pre constitution institution, second an institution governed by the preconstitution statute.......so contrary to what you are saying we are not applying article 50 to a situation preconstitution, to a certain you have to do that exercise, otherwise we will be coming to a conclusion that no preconstitution institution can claim under article 30, that is not the position

    CJI : we cannot say that a preconstitution institution cannot claim a right under article 30, obviously they are, so long as they satisfy two yards, namely 1. established by a minority and 2. being administered by minority

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