Source: – @haryannvi / Twitter.
On this day, four years ago, Hindus were dealt a huge blow. Deepak Misra, the current CJI, RM Lodha of IPL fame, others gave historic Pramati Judgment in which they upheld validity of 93rd constitutional amendment, which exempts minority edu institutions from govt interference.
— Arihant (@haryannvi) May 6, 2018
R.F. Nariman, Mukul Rohatgi, Rajeev Dhavan put up a valiant fight calling for striking down Article 15 clause (5) as it is violative of the basic structure of constitution.
— Arihant (@haryannvi) May 6, 2018
Rohatgi submitted that Article 19(1)(g) of the Constitution which gives citizens right to practice any profession including running education institutions, is a basic feature of the Constitution and this basic feature is destroyed by adding clause (5) to Article 15.
— Arihant (@haryannvi) May 6, 2018
R.F. Nariman submitted that Article 15(5) is violative of Article 14 of the constitution inasmuch as it treats unequals as equals and fails to make a distinction between aided and unaided educational institutions and treats both aided and unaided alike.
— Arihant (@haryannvi) May 6, 2018
Nariman argued that clause (5) of Article 15 of the constitution as its very language indicates does not apply to minority educational institutions thus violating Article 14, because aided minority institutions and unaided minority institutions cannot be treated alike.
— Arihant (@haryannvi) May 6, 2018
Nariman submitted that Clause (5) of Article 15 of the Constitution is DISCRIMINATORY and violative of the EQUALITY clause in Article 14 of the Constitution, which is a basic feature of the Constitution.
— Arihant (@haryannvi) May 6, 2018
Nariman argued that Article 15(5) is a clear violation of Article 19(1)(g) inasmuch as it compels pvt edu institutions to give up a share of available seats to candidates chosen by the State and it would not be a regulatory measure, nor a reasonable restriction under A 19(1)(g).
— Arihant (@haryannvi) May 6, 2018
Rajeev Dhavan argued that by Article 15(5) the power vested in the State is such that it can destroy the essence of the right of private edu institution under Article 19(1)(g) as determined in TMA Pai case, therefore it is destructive of the basic structure of the Constitution.
— Arihant (@haryannvi) May 6, 2018
Divan submitted that Article 15(5) as its very language indicates, does not apply to minority educational institutions. He said there was absolutely no rationale for exempting them. It gives them a favourable treatment and is thus violative of the equality clause in Article 14.
— Arihant (@haryannvi) May 6, 2018
Deepak Misra et al ruled that minority character of minority edu institutions may be affected by admissions of socially, edu backward classes, SC/ST. For this reason they are kept outside ambit of Article 15(5) with a view to protect them from a law made by the MAJORITY!!
— Arihant (@haryannvi) May 6, 2018
