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How do constitutional laws prioritize minority rights over state interests

Posted by jobseeker kashvi | Approved
Answers (1)

Constitutional laws prioritize minority rights over state interests by ensuring that the protection of fundamental freedoms—especially for religious, linguistic, and cultural minorities—is not overridden by majoritarian or political considerations. The Indian Constitution, through provisions like Articles 29 and 30, guarantees minorities the right to conserve their distinct identity and establish and administer educational institutions of their choice, even if it conflicts with broader state policies.

Additionally, Article 14 (equality before law) and Article 15 (prohibition of discrimination) ensure that minorities are not treated unequally or unfairly based on religion, race, caste, language, or place of birth. Courts have often upheld these rights, stating that minority protection is integral to constitutional democracy and not subject to majoritarian will. In cases like T.M.A. Pai Foundation v. State of Karnataka and P.A. Inamdar v. State of Maharashtra, the Supreme Court held that state regulation must not destroy the autonomy and identity of minority institutions.

Thus, while the state may pursue legitimate interests like social justice and national integration, it must do so without infringing upon the constitutionally protected rights of minorities, maintaining a balance that favors individual dignity, pluralism, and diversity.

Answered by jobseeker Vipra | Approved

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