The Hindu : Minority rights, an entitlement: Sorabjee

Online edition of India's National Newspaper
Friday, Jul 26, 2002

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Minority rights, an entitlement: Sorabjee

By J. Venkatesan

NEW DELHI July 25. The Attorney-General, Soli Sorabjee, today differed with the Centre and told the Supreme Court that the right conferred on the minorities under the Constitution was not a concession but their entitlement because of the vulnerable position in which they were placed.

He was making his submissions before a 11-Judge Bench headed by the Chief Justice, B.N. Kirpal, which is hearing a batch of over 200 petitions on the rights of the minorities to establish and administer educational institutions.

Mr. Sorabjee, who was asked to assist the court in the proceedings, made it clear that the right of the minorities to establish and administer educational institutions of their choice was absolute and could not be tinkered with by any outside agency.

In his introductory statement, he categorically submitted that "there is no question of any confrontation with the Government of India nor any rift between him and the Solicitor-General nor any pressure by the Government as has been mischievously reported in one national daily. This is wishful thinking and wild imagining.''

Mr. Sorabjee made it clear that he was not appearing for or against the Government or any of the parties and he was making the submissions pursuant to the court's directions.

Appearing for the Centre, the Solicitor-General, Harish Salve, had earlier asserted that secular laws were designed to obtain secular objects and were not designed to directly impair the rights under Article 30.

It would not be a violation even if these tended to encroach upon the rights of the minorities to administer the institution.

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