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Issues Involved:
1. Whether sub-clause (5) of clause 3 of the Kerala Education Bill, read with clause 36, offends Article 14 of the Constitution. 2. Whether sub-clause (5) of clause 3, sub-clause (3) of clause 8, and clauses 9 to 13 of the Kerala Education Bill offend clause (1) of Article 30 of the Constitution. 3. Whether clause 15 of the Kerala Education Bill offends Article 14 of the Constitution. 4. Whether clause 33 of the Kerala Education Bill offends Article 226 of the Constitution. Detailed Analysis: Issue 1: Constitutionality of Clause 3(5) under Article 14 Keywords and Sentences: - "Clause 3(5) makes all the provisions of the Bill applicable to new schools that may be established after the Bill becomes law." - "Clause 3(5) gives the Government an unguided, uncontrolled and uncanalised power which is capable of being exercised 'with an evil eye and an unequal hand.'" - "The Bill does not lay down any policy or principle for the guidance of the Government in the matter of the exercise of the wide powers so conferred on it by the different clauses of the Bill." Analysis: The Court examined whether clause 3(5) gave the government unguided and arbitrary power, which could lead to discriminatory practices violating Article 14. The Court emphasized that the Bill's long title and preamble provided a guiding policy for the exercise of governmental discretion. The Court concluded that the Bill laid down sufficient policy and principles to prevent arbitrary exercise of power, thus not violating Article 14. Conclusion: The Court held that clause 3(5) of the Kerala Education Bill, read with clause 36, does not offend Article 14 of the Constitution. Issue 2: Constitutionality of Clauses under Article 30(1) Keywords and Sentences: - "The right to establish and administer educational institutions of their choice is a necessary concomitant to the right to conserve its distinctive language, script or culture." - "Clause 3(5) makes the new schools subject to the other provisions of the Bill." - "The imposition of stringent terms as fresh or additional conditions precedent to this grant to the Anglo-Indian educational institutions will, therefore, infringe their rights not only under Art. 337 but also under Art. 30(1)." Analysis: The Court examined whether the provisions of the Bill, particularly clauses 3(5), 8(3), and 9 to 13, infringed upon the rights of minorities under Article 30(1). The Court noted that while reasonable regulations could be imposed, clauses 14 and 15 went beyond permissible limits, potentially annihilating the right to manage educational institutions. The Court found that sub-clause 3 of clause 8 and clauses 9, 10, 11, 12, and 13 were regulatory and did not offend Article 30(1). However, clauses 14 and 15 were found to be violative of Article 30(1). Conclusion: The Court held that: 1. Clause 3(5) in so far as it makes aided educational institutions subject to clauses 14 and 15 does offend Article 30(1). 2. Clauses 8(3), and 9 to 13 do not offend Article 30(1). 3. Clause 3(5) in so far as it makes new schools established after the commencement of the Bill subject to clause 20 does offend Article 30(1). Issue 3: Constitutionality of Clause 15 under Article 14 Keywords and Sentences: - "Clause 15(1) can be exercised only if the Government is satisfied that it is necessary to exercise it for 'standardising general education in the State or for improving the level of literacy in any area or for more effectively managing the aided educational institutions in any area or for bringing the education of any category under their direct control' and above all the exercise of the power is necessary 'in the public interest.'" Analysis: The Court evaluated whether clause 15 conferred arbitrary power on the government, violating Article 14. It found that clause 15 laid down specific purposes and conditions for the exercise of power, thus providing adequate guidance and preventing arbitrary application. Conclusion: The Court held that clause 15 of the Kerala Education Bill does not offend Article 14 of the Constitution. Issue 4: Constitutionality of Clause 33 under Article 226 Keywords and Sentences: - "Clause 33 provides that notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force, no Court shall grant any temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under the provisions of the Bill." - "No enactment of a State Legislature can, as long as that Article stands, take away or abridge the jurisdiction and power conferred on the High Court by that Article." Analysis: The Court considered whether clause 33 infringed upon the High Courts' jurisdiction under Article 226. The Court concluded that clause 33 must be read subject to Articles 226 and 32 of the Constitution, ensuring that it does not infringe upon the High Courts' powers. Conclusion: The Court held that clause 33 of the Kerala Education Bill does not offend Article 226 of the Constitution. Summary of Judgments: - Question 1: No, clause 3(5) does not offend Article 14. - Question 2: 1. Yes, for Anglo-Indian educational institutions entitled to grants under Article 337. 2. No, for other minorities not entitled to grants under any express provision of the Constitution, except clause 3(5) in so far as it makes such educational institutions subject to clauses 14 and 15. 3. No, for clauses 7 (except sub-clauses 1 and 3) and 10, but clause 3(5) in so far as it makes new schools subject to clause 20 does offend Article 30(1). - Question 3: No, clause 15 does not offend Article 14. - Question 4: No, clause 33 is subject to Article 226 of the Constitution.
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