How Does Judicial Review Protect the Rights of the Minority

Who are the persons of inherence of the rights under Article xxx of the Indian Constitution? This correct secures to religious and linguistic minorities a right to establish and administer educational institutions of their choice. Whenever, therefore, a group seeks its protection by challenging a law or executive action before a court, the foremost question that the court must dispose of a preliminary pace is whether the group seeking protection is in fact a minority definable in terms of the article. The probe would require an enquiry into two questions,
(i) What is a minority?
(ii) How is minority to be ascertained in a given situation?

The Constitution nowhere defines the terms 'minority', nor does it lay down sufficient indicia to the test for determination of a grouping equally minority. Confronted, perhaps, with the fact that the concept of minority, lie its problem, was intercalate, the framers made no efforts to bring it inside the confines of a formulation. Even in the confront of doubts being expressed over the advisability of leaving vague justiciable rights to undefined minorities, the members of the Elective Assembly made no try to ascertain the term while article 23 of the Draft Constitution, respective to present manufactures 29 and 30, was being debated, and, presumably left it to the wisdom of the courts to supply the omission.

Nevertheless, as the post-obit would show, the opinions of the courts on the showtime question appear to be the result of a one-half-hearted attempt, and, only indicate the futility of depending on them in whatsoever search for an answer to the 2d question.

What is a Minority?

The word minority has not been divers in the Constitution. The Motilal Nehru Report (1928) showed a prominent desire to afford protection to minorities, but did not define the expression. The Sapru Report (1945) also proposed, inter alia, a Minorities Commission just did not ascertain Minority.

The U.N. Sub-Commission on Prevention of Discrimination and Protection of Minorities has defined minority as under:

1) The term 'minority' includes only those non-documents group of the population which possess and wish to preserve stable ethnic, religious or linguistic traditions or characteristics markedly different from those of the residue of the population;
2) Such minorities should properly include the number of persons sufficient by themselves to preserve such traditions or characteristics; and
3) Such minorities should be loyal to the land of which they are nationals.

The initial courtroom try to respond the first question was fabricated in In re Education Bill where the Supreme Courtroom, through Southward.R. Das C.J., suggesting the techniques of arithmetic tabulation, held that the minority means a "community, which is numerically less than fifty percent" of the total population. This statistical criterion prevail with the Kerela High Courtroom also which, in A.Chiliad.Patroni 5. Kesavan, divers minority to hateful the same thing as it meant to the Supreme Court.

The 'definition' refers to group of individual who are particularly smaller as the majority in a divers area. Information technology however does not indicate as to what cistron of distinction, subjective or objective are to exist taken as the test for distinguishing a group from the rest. Thus, while considering 'minority', a numerically smaller group, as against the bulk in a defined surface area, some place emphasis upon certain characteristics commonly possessed by the members constituting the minority and, to them, these characteristics serves equally objective factors of distinction. In this sense the term used to encompass "racial, religious or linguistic sections of the population within a State which differ in these respects from the bulk of the population."

Minority in other sense also ways, a group constituting a minority group have a feeling of belonging to 1 mutual unit, a sense of akinness or customs, which distinguishes from those belonging to the bulk of the inhabitants. They are "group held together past ties of common descent, language or religious religion and feeling themselves unlike in these respects from the majority of the inhabitants of the given political entity." In that location are besides those who define minority in terms of relationship between the ascendant groups and minority. To them it is much more important "to understand the genesis of the relationship between ascendant grouping and minority then information technology is to know the marks by the possession of which people is identified as member of either." Rose defined minority as a "grouping of people differentiated from others in the same society by race, nationality, religion, or language - who both think of themselves as a differentiated group and are though of by others as a differentiated group with negative connotation."

Thus most of the definitions explained in a higher place place emphasis either upon certain common characteristics present among the members of the groups which serve as the marks of stardom and such objective examination, and it is but in some cases that the factor of relationship between the dominant and non dominant group is regarded as the main determinant of minority status which, in turn, at least some cases, renders relative numbers in and out of the group concerned as irrelevant for definitional purpose.

A 'consciousness' of the difference with the majority on the footing of certain characteristics is, therefore, considered as a distinguishing mark, and as such a subjective element. thus, the definition which lays emphasis upon sure subjective factors such as 'feeling' or 'consciousness' provide a exam which is too vague and uncertain, and more psychological in nature than real. Every situation may not necessarily involve the assumption that the group in order to deserve the title of 'minority' must be distinguishable from the bulk by the presence of the feeling or consciousness of its being dissimilar from the bulk. A grouping distinguishable from others past the possession of certain objective characteristics, such equally language, may not have a feeling or consciousness of its distinct status of beingness counting as minority. The virtually acceptable definitions, given by the Man Rights Committee, is not beyond the accomplish of argument. That definition appears to be confined to those not dominant groups only which, apart from having certain objective characteristics that are distinctively of their own, wish to preserve the distinctive identities and are not willing to be assimilated with the remainder of the population.

No definition comes out to be comprehensive to cover all the varied situations, illustrates the difficulty experienced in assigning limits to concept of minority. This must remain the possible explainable reason why courts have not ventured to formulate a general definition.

Indeed, as far equally the limited purpose of article 30 is concerned, such a venture would have been rather unnecessary too. For, religion and linguistic communication existence the criteria indicated in commodity thirty, a pre-condition for the latter acceptability, the Constitution itself tends to confine the tasks of the courts to the ascertainment whether the group claiming constitutional protection is the group identifiable by the characteristics of religion or language and is numerically non dominant. The courts have therefore, simply to be sure for themselves that the basis of merits to protection is ether religion or language.

Interpreting the words, "based on religion" in article 30, the Delhi High Court rightly pointed out that the words would mean that "the only or the chief basis pf the 'minority' must be their adherence to ane of the many religions and that the other features of the minority are subordinate to the main characteristic, namely, its separateness because of the religion." A like interpretation can also be placed on the words 'based on language'. That being so, it can be concluded that for the purpose of article 30, a majority means a non-dominant collectively distinguishable from the majority of population past the objective factors of organized religion or linguistic communication or language or a combination of both.

Constituent Assembly Debate

The whole debate in the Elective Assembly on commodity 23 of the Typhoon Constitution which subsequently causeless the shape of the present article 29 and 30, revolve circular this event: what rights could or should be conceded to minorities? The reference to minorities was a reference to none other than Indian minorities existing in Republic of india. The original typhoon of the fundamental rights submitted to the Constituent assembly on April 16, 1947 by the Sub-Committee on Key Rights did not contain any provision corresponding to commodity 30(1) and did not even refer to the give-and-take minority. The letter submitted by G.M. Munshi to the Minorities Sub-Commission on the same date when, along with some other rights, the rights now forming part of commodity xxx(one) was proposed, made a reference on the term "national minorities".

The Drafting committee, however, sought, to make a stardom betwixt the rights of any section of the citizen to conserve its language, script or civilization and the right of the minorities based on religion or language to establish and administer educational institutions of their choice and for this the committee omitted the word 'minority' in the earlier part of the typhoon commodity 23 corresponding to commodity 29, while information technology retained the word in the latter function of the draft article 23 which at present forms part of the commodity 30(one).

Ambedkar sought to explain the reason the reason for substitution in the Typhoon Constitution of the word minority by the words "any section" observing:
Information technology will be noted that the term minority was used therein non in the technical sense of the discussion 'minority' as nosotros take been accepted to use it for the purpose of certain political safeguards, such as representation in the Legislature, representation in the service and and so on. The word is used not merely to bespeak the minority in the technical sense of the give-and-take, it is as well used to cover minorities which are not minorities in the technical sense, but which are nonetheless minorities in the civilisation and linguistic sense. That is the reason why nosotros dropped the discussion "minority" considering we felt that the discussion might be interpreted in the narrow sense of the term when the intention of this House. was to use the word 'Minority' in a much wider sense so as to give cultural protection to those who were technically not minorities merely minorities nonetheless.

Ambedkar's explanation that the right was available not only to minorities in the 'technical sense' but also to minorities in the 'wider sense' has an obvious reference only to that part of Draft article 23 which now forms part of article 29(1) and not to that which is at present clause (1) of article xxx. His expiation, therefore, may exist taken to be an attempt to broaden the scope of clause (1) of article 29 just so as to include within the term 'minority' other minority groups also, as contemplated and illustrated by him, and thus to confine article 30(1) to those minorities which he described as minorities in the technical sense, were politically recognized and the most prominent amongst them were represented in the Elective Assembly besides.

The whole problem, as far as this office of constitution is concerned, that engaged considerable time and efforts of the framers was to accomplish a consensus an a ramble arrangement, between the numerically ascendant majority considered as such on the national scene and the minorities referred to above- a solution which could give the minorities a feeling of security against bigotry, and security confronting interference with those characteristics which had divided them apart from the bulk. And, it is besides obvious to be noted that, at no stage was any section of this majority ever treated every bit 'minority'.

If these assumptions as accepted equally truly reflecting the intention of those who drafted and incorporate these provision in the ramble document, with a wishful hope that they were rendering a constitutional solution to the problem of Indian minorities, information technology may be argued that where a minority is the historical or national context and its claim is based on religion it must be defined and ascertain in terms of the population of the whole country, irrespective of its existence in numerical majority in any particular state; and, where a group in non a minority considered as such in the national context, just is still definable as 'minority' under Ambedkar'south stretched pregnant of the term, information technology may exist ascertained with reference to the population of the land concerned. The argument is correct, it is submitted, if the provision in the question are viewed against the historical prospective in which they were adopted, and are construed to carry into effect the truthful spirit and intention of the constitution.

Protection of Interest of Minorities

Commodity 29 of the Constitution of Bharat defines the protection of interest of minorities: -
1) Any section of the citizen residing in the territory of Republic of india or any part thereof having a distinct language, script or culture of its own shall have correct to conserve the same.

2) No citizen shall be denied admission into any educational institution maintained by the Land receiving help out of State funds on grounds simply of organized religion, race, caste, language or any of them.

Clause (one)
Clause (i) gives protection to every section of the citizens having distinct linguistic communication, script or culture by guaranteeing their right to conserve the same. If such section desires to preserve their own language and civilization, the state would not stand in their way. A minority community can effectively conserve its language, script or culture by and through educational institutions and therefore necessary concomitant to the right to conserve its distinctive language, script or civilisation and that is what is conferred on all minorities by article 30(one). Merely commodity 29(i), neither controls the scope of article xxx(1) nor is controlled by that article. The scope of the two is different. Commodity 29(1) is non confined to minorities but extends to all sections of citizens. Similarly article 30(1) is non confined to those minorities, which take 'singled-out linguistic communication, script or civilization' merely extends to all religious and linguistic minorities. Further, article 30(1) gives only the correct to institute and administrate educational institutions of minorities' choice while article 29(1) gives a very general right 'to conserve' the linguistic communication, script or culture. Thus, the correct under article 30(1) need non be exercised for conserving language, script or civilization.

Clause (2)
Clause (2) relates to access into educational institutions, which are maintained or aided past state funds. No citizen shall be denied admission in such institutions on grounds only of religion, race, caste, linguistic communication or any of them. Article 15 prohibits discrimination against citizen on ground of religion, etc. just the telescopic of two articles is different. Firstly, article 15(ane) protects all citizens confronting the state where as the protection of article 29(two) extends to the state or anybody who denies the right conferred by it.

Secondly, commodity 15 protects all citizens against discrimination more often than not only article 29(two) is a protection against a item species of wrong, namely, denial of admission into educational institutions maintained or aided by the state . Finally, the specific grounds on which discrimination is prohibited are not the same in ii articles. 'Identify of birth' and 'sex activity' exercise not occur in commodity 29(2), while 'linguistic communication' is not mentioned in article 15.

The correct to access into an educational institution is a right, which is an individual denizen, has equally a denizen and not as a member of a customs or class of denizen. Hence a school run past a minority, if it is aided by state funds, cannot reject admission to children belonging to other communities. Only the minority customs may reserve up to 50 per centum of the seats for the members of its own community in an educational institution established and administered by it even if the institution is getting assist from the State. The country, however, cannot direct minority educational institutions to restrict admission to the members of their own communities. Article 29(2), however, does not confer a legal right on the members belonging to other communities to freely profess, practice and propagate their religion within the precincts of a college run by a minority community . Article 29(ii) cannot be invoked where refusal of admission to a student is on the ground of his not possessing requisite qualifications or where a student is expelled from an institution for acts of indiscipline.

To overcome the conflict with article 15 also as article 29 the Constitution (Starting time Amendment) Act, 1951, added clause (four) to article 15 to the effect that aught in commodity 15 and article 29(2) shall prevent country from making whatsoever special provision for the advocacy of any socially and educationally backward classes of denizen or for the schedule caste and the schedule tribes. The land is empowered to reserve seats in state colleges for socially and educationally backward classes of citizen or for SC and ST.

Rights of Minority to Found and Administer Educational Institutions

Commodity 30 of the Constitution of India defines Rights of Minority to Establish and Administer Educational Institutions: -
i) All minorities, whether based on religion or linguistic communication, shall take the right to establish and administrate educational institutions of their choice.
[1-A) In making whatsoever constabulary providing for the compulsory acquisition of any property of an educational institution found and administered past a minority, referred in clause (i), the Land shall ensure that the corporeality fixed by or determined nether such law for the acquisition of such belongings is such as would not restrict or countervail the correct guaranteed nether that clause.]

2) The Country shall not, in granting aid to educational institutions, discriminate confronting any educational institution on the ground that information technology is under the direction of a minority, whether based on religion or linguistic communication.

Clause (ane)
Clause (one) gives rights to all minorities based on religion or language the right to constitute and administrate educational institution of their own selection. Article 29 and thirty are grouped together it will wrong to restrict the rights of minority to constitute and administer educational institution concerned with linguistic communication script and civilisation of the minorities. The reasons are: Firstly, commodity 29 confers the cardinal rights on any department of the citizen which will include the majority also where as commodity xxx(1) confers all rights on all minorities. Secondly, commodity 29(1) is concerned with language, script or culture, whereas article 30(one) deals with minorities based on religion or linguistic communication. Thirdly, commodity 29(ane) is concern with the right to conserve linguistic communication, script or culture, whereas article 30(1) deals with right to establish and administer educational institutions of the minorities of their pick.

Fourthly, the conservation of language, script or culture nether commodity 29(1) may exist by means wholly unconnected with educational institutions, and similarly establishment and administrate educational institutions by a minority under article thirty(1) may be unconnected with any motive to conserve linguistic communication, script or civilization. A minority may administer an institution for religious education, which is wholly unconnected with any question of conserving language, script or culture. It may be that commodity 29(1) and commodity 30(1) overlap, just the old cannot limit the width of the latter. The scope of article 30 rests on the fact that right to plant and administer educational institution of their own selection is guaranteed only to linguistic or religious minorities, and no other section of citizens has such a right. Further article 30(i) gives the right to linguistic minorities irrespective of their religion. It is, therefore, not at all possible to exclude secular educational activity from article 30.

The expression 'minority' in article 30 remains undefined though the court has observed that it refers to any customs which is numerically less than 50 percent of the population of a particular country as a whole when a law in consideration of which the question of minority right is to be determined as a State law. A community, which is minority in specific area of the State though a majority in the state equally a whole, would not be treated as minority for the purpose of this article. A minority could not also be determined in relation to entire population of the country. If information technology was a state law, the minorities must be recognized in relation of that state. But the fact that the expression minority an article 30(1) is used to distinct from 'Whatever section of citizen' in article 29(ane) lends support to the view that article 30(ane) deals with national minorities or minorities recognized in the context of entire nation. In that case, notwithstanding, article 30(1) would become inapplicable to the national majority even if it is a minority in whatever particular state, eastward.grand., Hindus in Punjab or Jammu and Kashmir.

Although commodity 30(1) does not speak of citizens, the minority competent to claim the protection of that article must be a minority of person residing in Bharat. 'The minority under article thirty must necessarily hateful those who farm a distinct and identifiable group of citizen in India'. Article 30(one) does not confer upon foreigners not residents in India the right to set upward educational institutions of their choice. The right conferred on minorities is to plant educational institutions of their choice. It does not say that minority based on organized religion should establish educational institutions for pedagogy of their ain language alone. The article leave it to their choice to establish such educational institutions as will serve both the purpose, namely, the purpose of conserving their faith, linguistic communication, or culture, and also the purpose of giving a thorough general didactics to their children. Minorities are, however, not entitled to take educational institutions exclusively for their benefit.

In D. A. Five. College v. State of Punjab , it was observed that, a linguistic minority for the purpose of art. xxx(1) is one which must at least have a split up spoken language. Information technology is not necessary that that linguistic communication should likewise have a distinct script for those who speak it to be a linguistic minority. Religious or linguistic minorities should be adamant just in relation to the particular legislation which is sought to be impugned, namely that if it is the Country Legislature these minorities accept to exist determined in relation to the population of the State. Arya Samajis have a distinct script of their ain, namely Devnagri therefore they are entitled to invoke the correct guaranteed nether fine art. 29(i) considering they are a section of citizens having a singled-out script and under art. xxx(1) because of their being a religious minority. Sub-sections (two) and (3) of s. 4 practise not in our view offend by themselves any of the rights of the petitioners either under art. 29(1) or art. xxx(1) of the Constitution. Nowhere there is a mandate for compelling Colleges affiliated to it either to report the religious teachings of Guru Nanak or to adopt in whatsoever way the culture of the Sikhs.

Thus religious or linguistic minorities should be determined simply in relation to the detail legislation which is sought to be impugned, namely that if it is the State Legislature these minorities is to exist determined in relation to the population of the State.

Information technology was held that, religious pedagogy is that which is imparted for inculcating the tenets, the rituals, the observances, ceremonies and modes of worship of a particular sect or denomination. To provide for academic study of life and teaching or the philosophy and culture of any great saint of Republic of india in relation to or the touch on on the Indian and world civilizations cannot exist considered every bit making provision for religious instructions. The State of Punjab is created equally a unilingual Country with Punjabi as its language and if provision is made for report of Punjabi language that does not furnish a ground for discrimination nor can the provision for study of the life and teachings of Guru Nanak afford any cause for complaint on grounds of violation of art. 14 of the Constitution. The right to form clan implies that several individuals assemble and form voluntarily an clan with a common aim, legitimate purpose and having a community of interest. The right extends inter alia to the germination of an clan or Union. Section 5 of the impugned Act does not effect the correct of D.A.V. College Trust and Gild to form an association. Therefore, there is no infringement of art. xix(1)(c).

The right conferred on minorities is to establish educational institutions of their selection. Information technology does not say that minority based on religion should found educational institutions for teaching of their ain linguistic communication alone. The commodity leave it to their choice to plant such educational institutions as volition serve both the purpose, namely, the purpose of conserving their religion, linguistic communication, or culture, and too the purpose of giving a thorough general education to their children. Minorities are, nevertheless, not entitled to have educational institutions exclusively for their do good.

Clause (two)
Clause (2) is only a phase of non-discrimination clause of the constitution and does not derogate provisions made in clause (1). The clause is expressed in negative terms: the country is therefore enjoined not to discriminate in granting aid to educational institutions on the ground that the management of the institutions is in the hands of minority, religious or linguistic. The clause does not mean that the country is competent otherwise to discriminate so equally to impose restrictions upon the substance of rights to establish and administer educational institutions by minorities. The rights established by commodity xxx (i) is intended to exist a real right for the protection of the minorities in the affair of setting up of education institution of their choice.

Kerla Pedagogy Neb Example

The article first came upwards for estimation earlier a seven gauge Constitution Bench constituted to consider the reference made by the President under commodity 143 in In re Kerla Educational activity Neb sponsored by the Communist Regime of the state which was stoutly opposed by Christians and Muslims. Chief justice S.R. Das delivered the bulk opinion. He spoke for six judges- the sole dissent by justice Venkatarama Aiyar beingness confined to the question whether minority institutions were entitled also to recognition and land aid as part of the right guaranteed by article thirty(1). C. J. Das held, inter alia:

a) An institution, in order to be entitled to the protection, demand non deny admission to members of other communities.

b) It is non necessary that an institution run by religious minority should impart merely religious didactics or that i run by the linguistic minority should teach language only. Institution imparting full general secular education is equally protected. The minority has a right to requite "a thorough, good general educational activity".

c) Grant of aid or recognition to such institution cannot be fabricated dependent on their submitting to such stringent conditions as amount to surrendering their right to administer to them. Even so the right to administrate does not include the right to misadministration reasonable regulations can be made.

d) Regulation prescribing the qualifications for teachers was held reasonable. Those relating to protection and security of teachers and to reservation in favor of backward classes which covered government schools and aided schools alike, were "perilously most violating that correct", merely "at present advised" were held to be permissible regulations. Provision centralizing recruitment of teachers through State Public Service Committee and taking over the drove of fees etc. were held to exist destructive of rights of minorities to manage the institutions.

Clauses of the Bill, which authorized the taking over of management in the consequence of specified failings, in consequence, annihilated the minorities' right to administer educational institutions of their selection.

Minority Rights flow from Articles 14,fifteen,nineteen(1)(ii) 21, and 26 (a)

Thus while information technology is true that it is only the minorities whose right to institute and administrate educational institutions is mentioned n commodity thirty(i) it dos not follow the same is denied to the bulk communities. It was considered necessary like a special mentioned for the right of minorities past way of extra assurance to information technology is not right to say that minorities were considered backward and needed concessions though article 30(i) to bring them upward. The object was to make that they will non be discriminated confronting. It was not intended to pamper as favored communities. Information technology should follow therefore form articles fourteen and fifteen bulk communities have right to similar treatment at the hands of the in the matter of recognition affiliation government aid or non displacement management in respect of educational institutions established by majority as accorded to minority institutions of grade condition can and to be imposed in regard to help, affiliation and recognition in gild to ensure standard of teaching but the same have to be uniformly onerous and not be so drastic as to involve surrender by the community or founder or management of its right to establish and administer the institution.

The thesis that the bulk in a system of developed franchise hardly needs whatsoever activeness information technology can await later itself and protect its interests any measure wanted by bulk can without much difficulty be brought on the statute volume because majority can bet that washed by giving a mandate to the elected representatives but the minorities who need protection is with the utmost respect to the anguished judge to naive to control acceptance. Modern parliamentary commonwealth are run on a party system which in India the more and then in the post mandal is built largely on the basis of caste and communal co9nbination Regime are returned to power not on the basis of problems or mandates. Managements functional institution do non for a vote banking company wile their teachers practice the. Religions majority namely Hindus are not a homogeneous monolith. It is a much-divided society. There are caster and sub caste division and the aforementioned court defense to the legislative and executive wisdom on article has no made things easier balloter arithmetic has led to all sorts of and combination.

Autonomously from articles 15 and fifteen(I) this correct to found and administer educational institutions too flows as seen above course articles 19(i) (g) and 26(a), which make no distinction betwixt bulk and minority communities. The right of students to education every bit a fundamental right under article 21, also simples that they also as their parents have the right to choice of institutions in which they would like the quondam to be educated. Every community has a correct to found and administer educational and other charitable institutional and to run them according bailiwick perceptions of what is all-time of the community and for the institution subject of perceptions of what is best for the community and for the distinction for faith or language minority or bulk.

The just consequence of this volition be that provisions relating to displacing of managements through statutory schemes of administration or through take over of institutions and appointment of authorized controllers and likewise those divesting the direction of the powers of engagement and subject pertaining to teachers will accept to be treated as unconstitutional in so far as they chronicle to majority institutions besides to the same extent every bit they take been treated vis-�-vis minority institutions and information technology volition not exist such a bad thing from the educational angle either the ground reality is that just as nationalization of many individual industries on basis of mismanagement by industrialists has proved counter productive. and so also has the taking over of the management institutions.

The crusade. for interference in each case was the acts of mismanagement and dissipation on the party of private mil owners or schoolhouse higher managers. Merely the bureaucrats displacing them accept by and big not felt any commitment to the manufacture institution at all and take succumbed to political pressures with the effect that things have merely worsened instead of improving. That is why they are now being re-privatized it is merely though de politicization of control over the institutions that the management tin exist ameliorate and more than evenly disciplined. Deprivation of management of their power in regard to appointment and bailiwick of teachers has as well led to a steep fall in discipline and standard. Many teachers do not care to listen even to their principal or head of department what to say of the management. Absenteeism indulgence in private tuitions and running of coaching schools are the social club of the twenty-four hours. Of course regulatory provision to the same extent not more noels every bit have been accepted to exist necessary for the protection of teacher of minority institutions would in any example continue in relation to teachers of majority institutions besides. The trend the work over is at present for less and less of government. If misadministration tin can be prevented in the case of minority institutions without emasculating the management the same should be minority institution also. As per Ray C.J. in St. Xavier'due south and per Jag Mohan Reddy J. all institution irrespective of whatever denominational distinction should be places of workshop of learning for students.

Decision
The courts, nonetheless, seem to have been persuaded by applied compulsion rather than be swayed abroad by a feeling of faithfulness to the spirit. Their course of opinion seems to take been determined past some of the followings:
i. That provisions in question seeks to protect minorities against country action, which term includes laws and besides under them, executive actions.
ii. That ours being a federal democratic system, political and legislative processes operate non only from the national center of power merely also from the states.
iii. That these states are autonomous in their corresponding legislative spheres-and laws are passed by bulk votes.
4. That minorities, considered as much on the national level, practise constitute numerical bulk in some states.
v. That these majorities may, by their laws, deny the protection to the non-dominant group which the Constitution so emphatically seeks to secure.
6. That these majorities may, by their numerically strength, overshadowed the distinct shadow the distinct characteristics and individuality of the non-dominant groups, and the latter may have to live under a psychological fright of existence discriminated and overwhelmed.
vii. That it was this fearfulness in some sections of some minorities at to the lowest degree, which had pervaded the politics the politics of pre-partition India, and that it was on this premise that minority rights were demanded and conceded in Constitution Assembly.
viii. That it is this fear, which still continues to be the cadre component of the minority component.
ix. That the balls to protection for minorities tin tell its true meaning only when a non-ascendant group in a state is define and ascertain equally 'minority' where the law in question is a land law, eve though the group happens to be a office of the 'majority', considered a majority in the context of the whole country.
ten. That the same reason that became the basis for commodity 29 and thirty to find a place in the category of justiciable Central Rights must exist valid in this situation besides.

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