Sunday, Aug 07, 2022
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Judiciary

In A Minority Of Many

The SC steps in to clear all ambiguities around community-run educational institutions

In A Minority Of Many
Jitender Gupta
In A Minority Of Many
outlookindia.com
-0001-11-30T00:00:00+05:53

The import of the hearing can be gauged by the fact that it is for the first time in almost three decades that an 11-member bench headed by the chief justice is hearing a matter. The last occasion was in 1973 when a 13-judge bench heard the Kesavananda Bharati Vs State of Kerala case pertaining to Parliament's power to amend the Constitution.

According to legal experts in the 'minorities' case, the scope has been so set to clear all the existing ambiguities directly or indirectly associated with the running of minority institutions. The technical questions involve a large number of debatable issues. For example, one of them is whether in states like J&K, Mizoram and Punjab where Muslims, Christians and Sikhs are respectively in the majority, can Hindus (who are in an overall majority in the country but in a minority in these states) be given similar rights. Similarly, whether Hindi-medium educational institutions can be granted the status of linguistic minority institutions in non-Hindi speaking states, and vice versa, is also a contentious issue.

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