ValkyaEditorial

Tagged “article-29”

1 article on article-29.

Landmark JudgmentSupreme Court of India

St. Stephen's College v. University of Delhi: the 1991 Constitution Bench on minority admission autonomy and the harmonisation of Articles 29(2) and 30(1)

On 6 December 1991, a 4:1 Constitution Bench of the Supreme Court held that minority educational institutions — aided or unaided — retain the right under Article 30(1) to admit students of their own community on a preferential basis up to approximately 50% of seats, with the remainder filled by merit from the general pool. Justice Jagannatha Shetty's majority harmonised Article 29(2) with Article 30(1); Justice Kasliwal dissented. T.M.A. Pai (2002) later calibrated the rigid 50% cap institution-by-institution but left the autonomy floor intact.

Valkya Editorial··13 min