Question

what step have been taken to safeguard that the majority does not dominate or discriminate against the religious minoritises

Answer 1

Explanation:

Although the term ‘minorities’ is not defined in the Constitution, from the Constituent Assembly Debates, it can be gathered that the Constitution Makers used it to connote numerically vulnerable group in the power equation of State population. In the background of territoriality of dominant linguistic groups with an interspersing of other numerically less linguistic groups within the State territory, the concept of numerical test with reference to religion in State like Punjab, Jammu and Kashmir and Nagaland makes Sikhism, Islam and Christianity, the majority religions in those States respectively.[4] It is submitted, as the state action in the sphere of lower and general education flows from the member of a federal organisation, the numerical test is objective and rationally distinguishes between the dominant and the vulnerable groups. It also conforms to the UN definition of minority, which looks to the minority as a distinctly vulnerable group and to its rights as collective rights. Ever since In re, Kerala Education Bill[5], the Supreme Court has been applying the numerical test, which poses the question whether the population of a linguistic or religious community claiming the minority status is below 50 per cent of the State population. Accordingly, in D.A.V. College, Bhatinda,[6]Hindu religion was regarded as a minority religion in Punjab. The expression ‘All minorities’ suggest the implied existence of equality amidst minorities about their entitlement under Article 30(1). Hence, a government rule which provides for separation between girls school and boys school and compels the girls of one minority community to study in a school of another community in the same vicinage instead of studying in its own MEI is unconstitutional vis-à-vis minorities, as held in Mark Netto.

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