Live Law

2024-01-09 06:34:54.0

  • Dhawan says A Basha went slightly wrong in applying article 26, it says that - since you're out in 30 (article) how can you have a right under article 26 ?

    Dhawan elaborates on the two concepts of secularism - the first comes from 25 (2)(a) and this is the negative view, saying a narrow view, the wider view is what we understand as part of the basic structure. Now coming to article 30, all minorities whether based on religion or language ...

    Dhawan : what is a minority is anterior to this, establish and administer are the rights that flow from the recognition of minority, it's important that your lordships may settle it, what is it that makes a minority, the 3 questions in my mind are the origin, the second is of nexus - whether they found the institution or not and thirdly is on the issue of numerical test

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