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These discussions covered such important matters as the prohibition of discrimination on grounds of race, religion, caste, etc.; the abolition of untouchability and the mandatory requirements that the enforcement of any disability arising out of untouchability should be made an offence punishable according to law; freedom to profess, practise and propagate one's religion; the right to establish and maintain institutions for religious and charitable purposes; the right to be governed by one's personal, law; the right to use one's mother-tongue and establish denominational communal or language schools etc. Having dealt with the question of fundamental rights for minorities, the Minorities Sub-Committee met again on July 21, 1947, to consider the political safeguards for minorities and their presentation in the public services. In forwarding the report of the Advisory Committee on the subject of Minority Rights, Sardar Vallabhbhai Patel, in his report dated August 8, 1947, said: ... The observations, which I have set out above, are strongly relied on by Mr. Seervai, in reply, submitted that the word "entrenched" meant nothing else that than these provisions were subject to be amended only by the procedure prescribed in Section 29(4) of the Ceylon Constitution. Palkhivala dervies support in the manner the Judicial Committee distinguished Mc Cawley's  A. There the legislature, having full power to make laws by a majority, except upon one subject that was not in question, passed a law which conflicted with one of the existing terms of its Constitution Act. Cooray, reads the obiter dicta in Bribery Commissioner v. There is nothing in the language of Section 29(4) to indicate any limitations on the power of the Ceylon Parliament. Since the language of the Preamble was taken from the resolution itself the declaration in the Preamble that India would be a Sovereign, Democratic Republic which would secure to all its citizens justice, liberty and equality was implemented in Parts III and IV and other provisions of the Constitution. 193-194 will require a more detailed discussion in view of the elaborate arguments addressed on both sides based on it. Reliance has been placed on Professor Wheare's statement in his book Federal Government, 4th Edn.… continue reading »
We have threads on the forum dedicated to different areas and interests such as relationships, gay bars, gay marriage, gay rights, and gays in the military, discrimination, coming out, online dating and more.… continue reading »