JUDGMENT

CHANDRACHUD, CJI. :—Art. 30 (1) of the Constitution provides :

"All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice."

The question which arises in these appeals is whether certain provisions of the Andhra Pradesh Recognised Private Educational Institutions Control Act, 11 of 1975, offend against the fundamental right conferred on minorities by Article 30 (1). The appellants are unquestionably minority educational institutions, having been established by members of the Christian community.

2. My learned Brothers, Murtaza Fazal Ali and Kailasam, have examined the authorities bearing on the question before us. The reasons which impelled me to write a separate judgment are my inability to agree wholly with the various observations made by Justice Fazal Ali and with some of the propositions which he has formulated as emerging from the decisions referred to by him, as also with the conclusion to which Justice Kailasam has come. I do not consider it necessary to examine all the decisions of this Court in which Article 30 (1) has received a full and careful consideration. These decisions are