Trace Your Case

ISSUE:

Whether Hindus can be considered a minority community in the State of Punjab for the purposes of Article 30(1) of the Indian Constitution?

RULE:

Fundamental Rights of Minorities: The Court emphasized the rights of religious and linguistic minorities to establish and administer educational institutions of their choice. This includes the right to choose the medium of instruction and script, which is guaranteed under Articles 29(1) and 30(1) of the Constitution.

Legislative Competence: The principle that no State has the legislative power to prescribe a particular medium of instruction for higher education that infringes upon the Parliament's authority under Item 66 of List I, which relates to coordinating and determining standards in such institutions.

Harmonious Construction: The Court utilized the doctrine of harmonious construction to reconcile conflicting legislative powers between State and Union laws, asserting that Union legislation prevails when there is an overlap regarding educational matters.

Non-Infringement of Rights: The Court held that the State must harmonize its powers to prescribe the medium of instruction with the rights of minorities, ensuring that they are not compelled to adopt a medium or script that does not reflect their cultural and linguistic identity.

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