The judgment herein envisaged a very narrow meaning of Article 30 by reading “establish and administer” conjunctively rather than disjunctively as done in Kerala Education Bill. This meant that the institution could only be granted a minority status if it was established in its entirety by a ...
was seized of an appeal from a judgement of the Gauhati High Court, which had declared that the ‘Ramakrishna Mission Hospital’ (a hospital in Itanagar) while not the ‘State’ within the meaning of Article 12, performed a ‘public duty’ and was consequently amenable to writ jurisdiction un...
How much does the text of a legal provision tell us about its meaning? How much does a judgment tell us about the reasons for any given meaning of the text? Rather than in the abstract, the article unfolds both these questions in the context of the Indian Constitution. More specifically,...
The principles contained in Articles 39(a) and 41 must be regarded as equally fundamental in the understanding and interpretation of the meaning and content of fundamental rights. If there is an obligation upon the State to secure to the citizens an adequate means of livelihood and the right to...
Why it is disproportionate: “The absurdity of the amended provisions has more to do with all forms of games – where games must be understood to be distinct from gaming, whether in the ordinary parlance or as per the convoluted meaning ascribed to it in the impugned legislation – being ...
[1]). In the meantime, there are some critical junctures in the 19-A which are ambiguous and remain uncertain in determining their original meaning such as the idea of national government (Articles 46 [4] [5]), the relationship between the President and Prime Minister (Articles 42 [4],...
the full meaning of the word ‘emergency’ … covered the whole economic and therefore the whole social structure of the country…. It was an emergency that went to the roots of our agriculture, our commerce and our industry; it was an emergency that had existed for a whole generation in ...
“law” within the meaning of Article 13(3) (it’s apposite to remember here that the court inSeshammalonly found that the power of appointing priests to be a secular function; the qualifications for such a post, prescribed as they are under theAgamas, were considered essential to the ...
In fact, were the Supreme Court, for example, to reject a petition purely on the ground that the petitioner has no personal interest in the case, when a fundamental right has been shown to be violated, it might well be a dismissal contrary to the bare text and meaning of Article 32. ...