Live Law
2024-01-31 07:21:59.0
Kumar: (referring to Re Kerala Education Bill Case) this court said that there is nothing in 30 which prevents even institution established and administered prior to the constitution claiming under 30. Please look at this in two time phrase, the status pre-consitution and second at the time of the constitution and thereafter...
Kumar : two thing shave to be there, that you were established and administered, I am proceeding on the assumption that its a minority and therefore they can claim under 30.. the submission is that you ought to have been established and administered prior to the constitution. You cannot say at the commencement of the constitution, I am putting up my hand and claiming minority....
Kumar : one more thing, post the constitution, all the amendments really clarify it not a minority, the approach that was adopted in Ramjanambhoomi that was off course in context of private property rights, my lords said that you look at it in context of when old claims were being made prior to 1800, 1700... my lords have two wholesome approaches. 1. whatever is recognised under British rule and expressly adopted; 2. post-constitution