Live Law

2024-01-30 09:16:08.0

  • CJI: your contention that prior to 1947 there was no concept of minority as we constitutionally recognise today, therefore any institution established before 1947 no such institution will be entitled to claim minority status, it will boil down to that.

    Dwivedi: it will boil down to that and the only exception in this principle can be drawn is where some community was actually in minority not in power and position like parsis.

    CJI: but then again you said that the concept of minority was non existent before 1947

    Dwivedi: but they were in the numerical test and non dominance test applied, if we stretch article 30 it was never meant to apply by any principle backwards my lords 

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