“DIMENSION OF MINORITY IN INDIAN CONSTITUTION

A CRITICAL ANALYSIS”

A
DISSERTATION
Submitted to Rajiv Gandhi National university of Law, Punjab in
Partial fulfillment of the requirement for the degree of Master of Law
(L.L.M) (2018-2019)

Supervised by: Submitted by:

Siddharth Fuller Shweta

Assistant Professor of law Roll No. 18518

RGNUL, Punjab L.L.M

Constitutional Law
Group

Rajiv Gandhi National University of Law, Punjab

Patiala-147006
2019
 RAJIV GANDHI NATIONAL UNIVERSITY
OF LAW, PUNJAB PATIALA-147006

(Established under the Punjab Act. No. 12 of 2006)

SIDDHARTH FULLER Date:

Assistant Professor of law Place:
Rajiv Gandhi National University of Law,
Punjab

SUPERVISOR’S CERTIFICATE

This is to certify that the Dissertation Entitled ““DIMENSION OF

MINORITY IN INDIAN CONSTITUTION A CRITICAL
ANALYSIS” submitted to RAJIV GANDHI NATIONAL UNIVERSITY
OF LAW, PUNJAB, in partial fulfillment of the requirements for L.L.M
one year course, Second Semester, is an original and bonafide research
work carried out by Shweta under my supervision and guidance. The work
is fit for evaluation

SIDDHARTH FULLER
 RAJIV GANDHI NATIONAL UNIVERSITY
OF LAW, PUNJAB PATIALA-147006

(Established under the Punjab Act. No. 12 of 2006)

Date:
Place:

CANDIDATE’S CERTIFICATE

I, the undersigned, hereby solemnly declare that the Dissertation Entitled

“DIMENSION OF MINORITY IN INDIAN CONSTITUTION A
CRITICAL ANALYSIS” submitted to RAJIV GANDHI NATIONAL
UNIVERSITY OF LAW, PUNJAB, in partial fulfilment of the
requirements of the L.L.M, One year course, Second Semester, is an
original and bonafide research work for mine. I hope that this work will be
helpful in enhancing the knowledge of readers and framing of the policies
in the future course. All the information declare here by is true to best of
my knowledge.

Shweta
L.L.M Second Semester
Roll No. 18518
Constitutional Law Group
 ACKNOWLEDGEMENT

This research would be incomplete If I do not acknowledge and thank all concern who has
been instrumental In the successful completion of this project.

I would like to convey my sincere thanks and gratitude to my parents for giving me a chance
to study in this prestigious university where I can pursue and enhance my knowledge. It is
because of their support that I could do this research.

My sincere thanks also go to the Vice Chancellor, Dr. Paramjit S. Jaiswal of Rajiv Gandhi
National University of Law, Patiala, Punjab for providing the opportunity to work on this
important issue and also the facilities to research on this topic.

I would also like to specially acknowledge the support guidance and help rendered my by
supervisor Shiddharth Fuller, Assistant Professor, Rajiv Gandhi National University of
Law, Patiala , Punjab. It is through her support that I could understand the subject and
thereby analyze the researched area. The guidance given by her and the suggestion proposed
by her are the backbone of this research for which I will be indebted to her forever.

Further, I would like to acknowledge the help provided by the library staff of Rajiv Gandhi
National University of Law. Patiala & Punjab in collection and finding the correct and
reliable sources which I have incorporated in this research which ultimately leads to the
completion of this research.

I would like to thank all my friends who have helped me during the course of the research
and their support has also been instrumental in the completion of this research.

Shweta

L.L.M Second Semester (2018-2019)

Roll No. 18518
Constitutional Law Group
 LIST OF CASES

S.No Cases
1. Prof. M.P Jain, Indian Constitutional Law, Wadhwa Publisher
Nagpur, 5th edition reprint 2006.

2. Dr. J.N. Pandey, Constitutional Law of India, Central Law

Agency, 43rd edition 2006.

3.

P.M. Bakshi, The Constitution Law of India, Universal Law

Publishing Company, 8th edition.

4.

Manabendra Nath Roy (June 1999 reprint) The Radical Humanist

vol 63, no. 3, p. 29 [1]

5. Manager, St. Thomas U.P. Schoool Kerala v. Commr. And Secy.

to General Education dept.

6. State of Kerala v. Mother Provisional, (AIR 1970 Sc

2079.)

7. St. Stephens College v. University of Delhi, (AIR 1992 SC

83.)

8. T.M.A PIA Foundation v. State of Karnataka, ( AIR 1994

SC 13)

9. Suneel Jitley v. State of Haryana

10. State of Maharastra v. Champakam

11. Yogendra Nath Singh v. State of uttar Pradesh

12. A.M.Patroni v. Kesavan

13. S.P Mittal v. Union of India

14. Andhra Pradesh Christian Medical Association v. Government of

Andhra Pradesh

15. State of Kerala v. Mother Provincial

16. Ahemdabad St. Stephens College v. Government of Gujarat

17. Managing Board, M.T.M v. State of

18. A.M.Patroni v. Kesavan

19. S.P Mittal v. Union of India

20. Andhra Pradesh Christian Medical Association v. Government of

Andhra Pradesh

21. Hirachand Gangji v. Rowji Sojpal

(AIR 1939 Bombay 377)

22. The Commissioner Hindu Religious Endowments, Madras v. Sri

Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (

AIR 1954 SC 282)

23. Commissioner of Wealth Tax, West Bengal v. Smt. Champa

Kumari Singhi & Others

24. Hirachand Gangji v. Rowji Sojpal

(AIR 1939 Bombay 377)

25. The Commissioner Hindu Religious Endowments, Madras v. Sri

Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (

AIR 1954 SC 282)

26.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011

27. Arya Samaj Education Trust, Delhi & Others v. The Director of

Education, Delhi Administration, Delhi & Others (AIR 1976 Delhi 207)

28. A.M. Jain College v. Government of Tamil Nadu (1993) 1 MLJ 140

29. Bal Patil vs. Union of India, Dec 2005

30. Committee of Management Kanya Junior High School Bal Vidya

Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad,

Allahabad, U.P. and Ors.

31. D.C.Wadhwa .v. State of Bihar ( AIR 1987 SC 579

32. Arya Samaj Education Trust, Delhi & Others v. The Director of

Education, Delhi Administration, Delhi & Others (AIR 1976 Delhi 207)

33. A.M. Jain College v. Government of Tamil Nadu (1993) 1 MLJ 140

34. Bal Patil vs. Union of India, Dec 2005

35. Committee of Management Kanya Junior High School Bal Vidya

Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad,

Allahabad, U.P. and Ors.

36. D.C.Wadhwa .v. State of Bihar ( AIR 1987 SC 579

 TABLE OF CONTENT

Sr. No Chapter Page No.

1. 1-7
INTRODUCTION
7
 Rationale
9
 Scope of Study
10
 Statement of the Problem
11
 Importance of the Study
12
 Objective of the Study
13
 Hypothesis of the Study
14
 Research Methodology
16
 Limitation of the study
17
 Utility of the Study

2. CONCEPT OF MINORITY 19-21

3. RELIGIOUS MINORITIES IN INDIA 22-34

 Christians 26

 Sikhs 27

29
 Jainism and Buddhism

4. RELIGIOUS FREEDOM IN INDIA 35-39

 What is Meant by Religious Rights 36

 Historical tradition of religious freedom- 37

39
 Present position
5. RELIGIOUS MINORITIES AND INDIAN 40-43

CONSTITUTION

6. RIGHT TO RELIGOUS FREEDOM TO 45-48

MINORITIES

7. PURPOSE OF GRANTING CULTURAL AND 59-60

EDUCATIONAL RIGHTS TO THE MINORITIES IN

INDIA

8. JUDICIAL APPROACH 61-77

9. MINORITIES’ RIGHT TO ESTABLISH AND 78-89

ADMINISTER EDUCATION INSTITUTUON : A

CRITIQUE

10. MINORITIES’ RIGHT AND CURRENT ISSUE 90-99

11. CURRENT STATE OF MINORITIES AND 100-114

INDIGENOUS PEOPLE

12. HISTORICAL GROWTH AND DEVELOPMENT OF 115-140

MINORITIES IN INDIA

13. CONCLUSION AND SUGGESTIONS 141-142

14. BIBLIOGRAPHY 143-146