Arun Shourie

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April 10, 2026

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April 10, 2026

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"On the other hand, when sticking to the text is what will advance the judgment, they become strict constructionists. Some of the most conspicuous instances of this can be found in judgments relating to Article 30, the article that deals with the ‘right of minorities to establish and administer educational institutions’. The country had been partitioned on the cry that Muslims will never be secure in a united India. The framers were naturally keen to reassure the minorities that they would be free to preserve their religion, language and culture. Accordingly, Article 29 was enacted guaranteeing them and assuring them of this freedom. In case they wanted to set up institutions for safeguarding their language, culture, religion, Article 30 was enacted assuring them that ‘All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.’ The context made the purpose clear: minorities would have the freedom to set up such institutions as they thought would best preserve their culture, religion, language. But, given what has been the climate of discourse since the framing of the Constitution, the judges became literalists. Minorities would have the right to set up and manage ‘educational institutions of their choice’ irrespective of the purpose for which the institution was set up. Thus, engineering colleges and dental colleges set up by a family of, say, Muslims would have freedoms from state regulation and oversight that engineering and dental colleges set up by run-of-the-mill Indians would not."

- Arun Shourie

• 0 likes• anti-communists• politicians-from-india• economists-from-india• journalists-from-india• hindu-nationalists•
"As for reservations not having been extended to members of religions that repudiate caste – Islam, Christianity, Sikhism – again, that is but make-believe. The chairman of the Minorities Commission, my friend Tarlochan Singh, sends me a list of fifty-eight castes and of fourteen tribal groups, Muslim members of which have been given reservations. Even those who convert to one of these religions, continue to remain entitled to reservation. The rule in Tamil Nadu is that if the name of the father falls in the lists of Backward Castes/Most Backward Castes/Scheduled Castes/Scheduled Tribes, then, even if the person has converted to another religion, he remains entitled to reservations. In Gujarat, members of Backward Castes continue to avail of not just reservations but even of advantages under the roster system after conversion – 137 castes and sub-castes have been listed as socially and educationally backward in the state; of these, twenty-eight belong to the Muslim community. In Karnataka, ‘caste at birth’ is the norm. In UP, several Muslim castes are included in the reservation list – Lalbegi, Mazhabis, even Ansaris. The position is no different in Madhya Pradesh, in West Bengal. The Indian Express correspondent in Kolkata reports that the government of the ostentatiously secular CPI(M) strained to have reservations in government service as well as educational institutions extended to Muslims qua Muslims, and directed the state Minorities Commission to ascertain how such reservation had been decreed in Andhra Pradesh. The plan has had to be deferred for the time being, he writes, Only because the Andhra Pradesh High Court has struck down the Andhra order as unconstitutional."

- Arun Shourie

• 0 likes• anti-communists• politicians-from-india• economists-from-india• journalists-from-india• hindu-nationalists•