Live Law
2026-04-21 08:43:57.0
Shankarnaryan: if you look at Article 15(5), it says aided or unaided by the State other than minority educational institutions-so when reservations are being provided, minority institution under article 30 are excluded by the constitution.
article 16 is also couched in that manner. Article 17, untouchability is abolished, and its practice in any form is forbidden. It is very strong terms to be used in a Constitution. the enforcement of any disability, arising out of untouchability, shall be an offence punishable in accordance with law. this is clearly an horizontal rights.
J Nagarathna: the expression untouchability, is within inverted commas. the framers, what they had in mind, bearing in mind the historical
Shankarnaryan: that is why Article 17 can't be read in isolation. it has to be read alongside with article 25(2)(b) making it clear for http://entry.it has to be read with provisions in article 331 onwards which specifically provide for commission and it provided for the only reservation that we had in the country in 1950 as a right as an assurance which was available with the SC, ST, and Anglo Indians in the legislature and the Parliament.
