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On the other hand, when sticking to the text is what will advance the judgment, they become strict constructionists. Some of the most conspicuous ins… - Arun Shourie
" "On the other hand, when sticking to the text is what will advance the judgment, they become strict constructionists. Some of the most conspicuous instances of this can be found in judgments relating to Article 30, the article that deals with the ‘right of minorities to establish and administer educational institutions’. The country had been partitioned on the cry that Muslims will never be secure in a united India. The framers were naturally keen to reassure the minorities that they would be free to preserve their religion, language and culture. Accordingly, Article 29 was enacted guaranteeing them and assuring them of this freedom. In case they wanted to set up institutions for safeguarding their language, culture, religion, Article 30 was enacted assuring them that ‘All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.’ The context made the purpose clear: minorities would have the freedom to set up such institutions as they thought would best preserve their culture, religion, language. But, given what has been the climate of discourse since the framing of the Constitution, the judges became literalists. Minorities would have the right to set up and manage ‘educational institutions of their choice’ irrespective of the purpose for which the institution was set up. Thus, engineering colleges and dental colleges set up by a family of, say, Muslims would have freedoms from state regulation and oversight that engineering and dental colleges set up by run-of-the-mill Indians would not.
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About Arun Shourie
Arun Shourie (born 2 November 1941) is a prominent journalist, author, and politician of India.
Also Known As
Native Name:
ਅਰੁਣ ਸ਼ੌਰੀ
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The organisers had invited Arun Shourie to give the Hindu assessment of the work of missionaries in India. Arun Shourie addressed the Archbishops, Bishops and others on 5 January 1994. ... The organisers asked Arun Shourie to write a paper based on his talk.... As the controversy snowballed... [they] invited several senior churchmen to discuss Missionaries in India on a public platform with Arun Shourie.
A contributing factor certainly must have been the contempt that Mao, Chou En-lai and others felt for India and Indians. This comes through again and again in conversation after conversation of the Chinese leaders. Chou and Kissinger agree on how India is the one that is causing the troubles in East Pakistan; on what China and US should together do to halt India in the tracks; they agree about not just what is ‘the Indian tradition’—deceit, blaming others—but just as much about the Indian character—marked by ingratitude.⁴ The contempt and coordination show through even more dramatically in the conversations that Kissinger later has with the permanent representative of China at the UN, Huang Hua, during which he asks Huang Hua to assure Chou En-lai that, should China take military action against India to divert it from pursuing its assault on Pakistan, the US will hold the Soviet Union at bay. Nixon, Pompidou and Kissinger are exchanging views about the state of the world. Nixon summarizes the Chinese assessments: ‘...the attitude of the Chinese towards their neighbours can be summed up in this way. The Russians they hate and fear now. The Japanese they fear later but do not hate. For the Indians they feel contempt but they are there and backed by the U.S.S.R.’
The earth is stationary. The sun revolves around it. The stars are stationary, hung as lamps by Allah to guide travellers, and to stone the Devil. To believe anything contrary to all this is to betray The Faith. Men are the masters. Each may keep up to four wives at a time and as many concubines ‘as the right hand holds’. The wives are fields which the husband may or may not ‘irrigate’ as he will. The husband can bind them to obeying his merest whim on pain of being divorced. If he is still not satisfied, he can throw them out with one word. Upon being thrown out they are to be entitled to bare sustenance—but only for three months, and nothing at all beyond that. To see any inequity in this, to demand anything more for the women is to question the wisdom of Allah, it is to strike at Islam. To urinate while standing, to fail to do istinja in the prescribed way, to fail to believe that the saliva of a dog is napaak and his body paak—these are grave sins. To ask for the well-being of a kafir, be he ever so saintly, even upon his death, to fail to believe that a Muslim, be he ever so sinful, is better than a kafir, be the latter ever so virtuous, is kufr itself. Such is the mindset of the ulema. It pervades their rulings on all aspects of life.
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