Live Law

2024-01-30 07:18:54.0

  • Khanna J : when we refer to an establishment prior to the constitution we will have to go back to the point in time when the institution was established but not wrt whether that community was a majority or a minority that time but with reference to who has established. Whos minority or majority that will be decided on the date when the constitution was adopted, possibly what argument you are raising in case there is a demographic change what will be the effect is a separate issue

    Dwivedi: lordships have held in a number of cases that FRs are not retrospective, so therefore the only question is that are entitled to the benefit of article 30 today?

    Khanna J : will be retrospective or retroactive then? 

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