Dhavan: now i go into the minority rights before and after the Indian Constitution. The reason why I say before, the 1909 Act recognises the minority character of Muslims in an electoral context no doubt but definitely the question of what constitutes a minority before the constitution in squarely raised in 1909 Act , 1919 Act and the GOI Act, later on another minority was added that was Sikhs. Therefore minority status mylords was something that was known before the constitution, it isn't a question that arises only after the constitution. Certainly the courts were aware and the relevant provision ill indicate later.

Dhavan: After the Independence Act there are two points mentioned by lordships the first is the dispensation of Article 30 and the second is the dispensation of UGC Act. Now what prevailed after the UGC Act in essence also prevailed before the constitution as well had this minoroty character not been recognised there would have been no partition in India. We see that minority character was fundamental in understanding what was there before the constitution.