JUDGMENT

Bharucha, CJI.-Writ Petition No. 42/1985

In this writ petition, the Court is called upon to interpret for the first time the provisions of clause (1A) of Article 30 of the Constitution of India. Clause (1A) was introduced in the Constitution by the Constitution (Forty-fourth Amendment) Act, 1978.

2. Article 30, subsequent to the forty-fourth amendment, reads thus :

"30. Right of minorities to establish and administer educational institutions.-

(1) All minorities, whether based on religious or language, shall have the right to establish and administer educational institutions of their choice.

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language."

3.