Minority Rights Are Part of Basic Structure, Most Minority Institutions Are Linguistic—Not Religious

3 weeks ago 18

Minority rights are part of the basic structure of the constitution and cannot be tampered with: Faizan Mustafa, Vice-Chancellor, Chanakya National Law University, and Professor of Law at AMU, to Karan Thapar for The Wire. .......................................... In a forceful and detailed articulation of minority rights, one of India’s foremost legal scholars has said “minority rights are part of the basic structure of the constitution”, adding “they cannot be tampered with”. Prof. Faizan Mustafa, the Vice-Chancellor of Chanakya National Law University and a Professor of Law at Aligarh Muslim University, said that the Supreme Court of India in the 1974 St. Xavier judgement had said that minority rights are part of the basic structure of the constitution and cannot be tampered with “as long as the constitution survives”. He said, in fact, the earlier 1973 Kesavananda Bharati judgement has specifically laid down that minority rights are part of the basic structure. In a 35-minute interview to Karan Thapar for The Wire, Prof. Mustafa made clear that any claim to the contrary is not just unfounded, false and wrong but tendentious, misleading and malicious. In the interview, Prof. Mustafa made clear that minority rights cover not just religious minorities but also linguistic minorities adding, very importantly, that the majority of minority institutions are linguistic in character rather than religious. He also made clear that Tamil speakers in UP or Urdu speakers in Karnataka and Telangana are deemed minorities and have a right to establish minority educational institutions. Similarly, Hindus in Kashmir, Punjab and parts of the North East are also minorities. This is because, as the Supreme Court has clarified, minorities are not determined at the national level but at the state level. Prof. Mustafa also explains the reason why minority rights were included in the constitution by Dr. Ambedkar and the constitution makers. This is because they are additional to individual rights of equality and the right not to be discriminated against. These are group rights. He adds that international law has well-established the concept of minority group rights for nearly one and a half centuries. They occur in the Swiss constitution of 1874 as well as the Austrian and Hungarian constitutions of the ’60s. It’s not a concept that was devised for the first time in India by our constitution makers. In the interview, Prof. Mustafa strenuously and strongly counters the view of proponents of Hindutva that minority rights are a form of appeasement. He also very effectively counters the view expressed by the Prime Minister on Saturday that “the constitution does not have any place for the Waqf Act” and repeated on Sunday when Piyush Goyal claimed that the Waqf Act is unconstitutional and appeasement. I will not go into details because I think you should see the interview for yourself. Prof. Mustafa’s arguments are detailed, cogent, convincing and very effectively delivered. I do not want to steal his thunder and, additionally, run the risk of précising or paraphrasing him wrongly. If the subject of minority rights interests you or if you are unclear what they are and their constitutional basis I strongly suggest you see this interview. To help you I give below the list of questions asked. Here they are: 1) The recent Aligarh Muslim University judgement has once again created both interest and controversy in the issue of minority rights. So let me start with a couple of general questions. First of all, am I right in saying the term minority covers both religious minorities as well as linguistic minorities? So we are not just talking about Muslims, Christians, Sikhs, Jains, Buddhists we are also talking about Hindus in Kashmir, Punjab and the North East as well as linguistic minorities such as Tamil speakers in UP or Urdu speakers in Karnataka. Is that right? 2) Second, why did the constitution makers believe that we needed minority rights? 3) Third, so are you saying to me that the right to equality and the right not to be discriminated against, which are key parts of our constitution, are not sufficient to safeguard the interest of minorities? 4) Now over the last 75 years that the constitution has been in existence, how have minority rights been interpreted by the Courts? Is there a clear line of logic and interpretation that runs through it or has it differed from case to case? Join The Wire's Youtube Membership and get exclusive content, member-only emojis, live interaction with The Wire's founders, editors and reporters and much more. Memberships to The Wire Crew start at Rs 89/month. https://www.youtube.com/channel/UChWtJey46brNr7qHQpN6KLQ/join

The Vision and Mission of Upilink News - Empowering Informed Citizens

Welcome to Upilink News, your gateway to unbiased news, investigative journalism, and a platform free from government censorship. At Upilink, we believe in the power of information to empower citizens, fostering a well-informed society capable of making informed decisions.

Our platform, hosted at www.news.upilink.in, is meticulously curated to provide users with a reliable source of news, steering clear of propaganda and ensuring the delivery of objective reporting.

The Need for Upilink News

In an era where information is abundant but often tainted with bias and misinformation, the need for a trustworthy news source has never been more critical. Upilink News recognizes this necessity and strives to fill the gap by offering a carefully curated selection of news from diverse, reputable sources.

Our commitment to unbiased reporting and investigative journalism distinguishes us as a beacon of truth in the digital news landscape.

Our Unique Approach

What sets Upilink News apart is our meticulous selection process for news sources.

We prioritize transparency, accountability, and reliability in our curation, ensuring that only the most credible and unbiased reports make it to our platform.

Our team of experienced journalists and fact-checkers work tirelessly to sift through the noise and present users with news that stands up to scrutiny.

The Role of Investigative Journalism

Investigative journalism is at the heart of Upilink News. We understand that a well-functioning democracy relies on an informed citizenry, and investigative reporting plays a pivotal role in uncovering the truth. By supporting and promoting investigative journalism, we aim to contribute to a more transparent and accountable society.

Sustaining Upilink News - Your Support Matters

Free Access for All

At Upilink News, we firmly believe that access to information should be a fundamental right for everyone. Therefore, our platform is entirely free to use, allowing users from all walks of life to stay informed without any financial barrier.

Donations - Fueling Independent Journalism

To sustain our commitment to unbiased reporting and investigative journalism, we rely on the generosity of our users. Your donations go directly towards supporting our team, maintaining our infrastructure, and enabling us to continually improve and expand our coverage.

By contributing, you become a vital part of the Upilink community, driving the mission to keep information free and accessible.

Advertisement - Balancing Sustainability

In addition to donations, we embrace advertisements as a means of generating revenue to support Upilink News.

In conclusion, Upilink News is more than just a news aggregator; it's a commitment to empowering citizens through unbiased information.

Join us in our mission, explore the diverse and credible news on our platform, and consider supporting us through donations. Together, let's build a community that values truth, transparency, and the power of an informed citizenry.