Judiciary must intervene when constitutional rights guaranteed to minorities are threatened: Madras High Court

Madras High Court emphasizes judiciary's role in protecting minority rights, upholding India's democratic ethos, and unity in diversity.

Whenever the constitutional rights guaranteed to the minorities are threatened, it is imperative on the part of the judiciary to intervene and reinforce the very essence of the country’s democratic ethos and its dedication to unity in diversity, the Madras High Court said on Thursday.

Justice N. Anand Venkatesh wrote: “The dawn of India’s independence heralded a profound commitment to safeguarding the rights of minorities, instilling a sense of security amid apprehensions about their future in a newly sovereign nation,” and therefore, the courts must always protect those rights.

The judge said that Article 30(1) of the Constitution, which speaks of the rights of religious and linguistic minorities to establish and administer educational institutions of their choice, was more in the nature of a protection granted to the minorities than recognising their right.

“This provision was not merely a legal formality. It was a promise made by the framers of the Constitution to protect the cultural and educational identities of minority communities. In instances where these rights are threatened, it is imperative that constitutional courts intervene decisively to reaffirm this commitment and ensure that the foundational ideals of justice and equality are upheld,” he said.

The judge went on to state: “The Judiciary must recognize its pivotal role in restoring confidence among minorities, by acting as a guardian of the rights that were pledged to them, and thus reinforcing the very essence of India’s democratic ethos and its dedication to unity in diversity.”

He made the observation while holding that the University Grants Commission (UGC) Regulations, 2018, and a consequent Government Order issued by the Tamil Nadu Government on January 11, 2021, for adopting those regulations, would not be applicable to appointment of Assistant Professors and Principals in minority run educational institutions.

The orders were passed while allowing a batch of writ petitions filed by Women’s Christian College, Madras Christian College, Loyola College and Stella Maris College in Chennai and the Sacred Heart Arts and Science College in Villupuram district against the refusal of the University of Madras and Annamalai University to approve the appointment of 66 Assistant Professors and a Principal due to non compliance with the UGC Regulations, 2018.