Question 1 · 10 marks · 135 words written
Opening
Supreme Court in recent judgement restored the minority status of Aligarh Muslim University rejecting the government argument that it is a Statutory Body Judgement's impact on interpretation of Article 30 of the Constitution
Article 30 - Every minority shall have right to establish and govern educational institutions.
Body · points and prose
character of institution is more significant
Judgement's impact on interpretation of Article 30 of the Constitution
Article 30 - Every minority shall have right to establish and govern educational institutions.
(1) Move from textual to purposive interpretation of Article 30 - so as to protect rights of minorities.
(2) Substantial character of institution defines its status eg AMU was established for Muslim welfare.
(3) Statutory status can't override constitutional safeguard.
(4) Promotes idea of democracy as majority will have its way but minority must have its say.
(5) Ensures adequate safeguards and harmonious construction between statutory and minority institutions.
Close
This judgement highlights the transformative nature of Constitution where it evolves itself with the needs of the changing times