👦 Important cases dealing with why minorities are given special protection in India.
Recently, a seven judge Bench in Aligarh Muslim University (2024) in unequivocal terms described Article 30 as a ‘facet of equality and non-discrimination’. A nine judge Bench in St. Xavier’s College Society (1974) too had observed that “the whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection, they will be denied equality.” In Keshavananda Bharati (1973), rights under Article 30 were held to be part of the basic structure which even Parliament cannot change through a constitutional amendment.
Recently, a seven judge Bench in Aligarh Muslim University (2024) in unequivocal terms described Article 30 as a ‘facet of equality and non-discrimination’. A nine judge Bench in St. Xavier’s College Society (1974) too had observed that “the whole object of conferring the right on minorities under Article 30 is to ensure that there will be equality between the majority and the minority. If the minorities do not have such special protection, they will be denied equality.” In Keshavananda Bharati (1973), rights under Article 30 were held to be part of the basic structure which even Parliament cannot change through a constitutional amendment.