SARBANANDA SONOWAL V. UNION OF INDIA Sarbananda Sonowal v. Union Of India, Writ Petition (civil) 131 of 2000 ISSUE: Whether the IMDT act is constitutionally valid? RULE: The provisions of the IMDT act are very stringent as compared to those of the Foreigners Act in the matters of detection and deportation of illegal migrants. The...
Whether there exists a fundamental right to set up educational institutions and if so, under which provision?
To what extent government may impose regulations upon private institutions?
What is to be the unit to determine the existence of a religious or linguistic minority in relation to Article 30?
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
To what extent can professional education be treated as a matter coming under minorities’ rights under Article 30?
Whether the admission of students to minority educational institution, whether aided or unaided, can be regulated by the State Government or by the university to which the institution is affiliated?
Is there a fundamental right to set up educational institutions?
In case of private institutions, can there be government regulations and, if so, to what extent?
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Whether the Swami of Shirur Math had a right to property under Article 19(1) (f) of the Constitution?
Whether this ‘person’ mentioned in article 25 which grants freedom of religion to every person, meant only individuals or included corporate bodies as well?
Whether Shirur Math and its followers could be considered as a ‘religious denomination or any section thereof’ to attract protection of their rights under Article 26?
What constituted ‘matters of religion’ so as to prohibit the Government from interfering with the Swami’s functions?
Article 19, 25, 26, and, 27 of The Constitution Of India.
Was the Act within the legislative competence of the Legislature of the Province of Bombay?
Whether after the coming into force of the Constitution, the Act was invalid in view of Articles. 25 and 26 of the Constitution?
Article 25 in The Constitution Of India 1949
Article 26 in The Constitution Of India 1949
Whether opening the post of Archaka to all Hindus irrespective not only of caste but also of denomination 5, could be reconciled with both the essential religious practices of the Hindu’s enshrined in the Agamas and the Constitutional provisions governing the same?
Whether while appointing an Archaka the trustee was to be bound the requirement of the Agamas of belonging to a specific religious denomination?
Article 25 in The Constitution Of India 1949.
Article 26 in The Constitution Of India 1949.
Article 25(2)(a).
Whether the appointment of the third respondent who was not a Malayala Brahmin, as “Santhikaran” or Poojari (priest) of the Temple in question violated the constitutional and statutory rights of the appellant secured under Article 25 and 26 of the Constitution?
Article 25 in The Constitution Of India 1949.
Article 26 in The Constitution Of India 1949.
Whether ananda Marga is a religion or denomination?
Whether tandava dance forms part of essential religious practice of Ananda Marga belief?
Whether prohibitory orders issued were valid?
Article 25 in The Constitution Of India 1949
Article 26 in The Constitution Of India 1949
Whether the expulsion of three children from school for their refusal to sing the national anthem of India was consistent with the constitutional rights to freedom of expression and freedom of religion?
The right of free speech and expression also includes the right to remain silent and that standing for the national anthem showed proper respect. The Court ordered the school authorities to readmit the children.
Whether the two Acts were violative of Article 25(1), and (2)?
Whether the State Legislatures were competent to enact them?
The judgment proceeds on two basic postulates, namely, that the right to convert another person is not part of freedom of conscience guaranteed by Article 25(1) and that forcible conversions result in the disturbance of public order.