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1958 - In well known Kerala Education Bill's case, 1957 reported in AIR 1958 SC 956, this Court held that to claim the minority rights, the Community must be numerically a minority by reference to the entire population of the State or country where the law is applicable. In that way also, the Jain Community is eligible for the claim.
Fundamental Rights cannot be abridged or taken away by the amending procedure in Art. 368 of the Constitution. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution. Decision by: K. Subba Rao (Chief Justice) with J.C. Shah, S.M. Sikri, J.M. Shelat, C.A. Vaidiyalingam
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Buddhists, Christians, Jains, Muslims, Sikhs, and Zoroastrians (Parsis) have been notified in Gazette of India as minority communities by the Union Government all over India. [2]
Nationality law or citizenship law is mainly codified in the Constitution of India and the Citizenship Act of 1955. Although the Constitution of India bars multiple citizenship, the Parliament of India passed on 7 January 2004, a law creating a new form of very limited dual nationality called Overseas Citizenship of India. Overseas citizens of ...
Pal edited many text-books for legal studies including famous book on Indian Constitutional Law by Prof. M P Jain, which is considered as an authority. [3] She became the Chancellor of Sikkim University and one of the trustees of legal diversity Nonprofit organization Increasing Diversity by Increasing Access .
Currently, with a mix of different civil codes, citizens are treated differently by law and by courts based on their religion. The rights of Hindu women are far more progressive (and constitutional, by virtue of being gender-neutral and secular) than those of Muslim women, who are governed by Muslim Personal Law, which is based on the Sharia law.
In this situation, Miss Jain filed a petition (Writ petition (Civil) No. 456 of 1991) under Article 32 (1) ("The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part (Part III: Fundamental Rights) is guaranteed") [1] of the Constitution of India challenging the notification issued ...
According to Ajay Kumar of Firstpost, "the judgment has been viewed as a stain on the legacy of the court for many years.The ratio decidendi (rationale behind the judgment) that all rights under our Constitution are a positive creation of law rather than merely recognised greatly increases the power of the State to do what it likes with them."