Court caseAIR 1958 SC 956

The Kerala Education Bill, 1957, passed by the first Communist government of Kerala, sought to regulate private schools, including those run by Christian and Muslim minorities: it controlled the appointment and service conditions of teachers, fees, management of aided schools, and allowed the State to take over schools. The Governor reserved it for the President, who referred it to the Supreme Court under Article 143 asking whether its provisions offended Articles 14, 30(1) and other rights.

Das CJ, for the majority, advised that the Directive Principles, though not enforceable, cannot be ignored: the court must adopt the principle of harmonious construction and give effect to both Parts III and IV as far as possible, and the Directives are relevant in judging the reasonableness of restrictions. On Article 30(1), minorities have the right to establish and administer institutions of their choice, but the right to administer is not a right to maladminister; reasonable regulations in the interest of efficiency, discipline, health and morality may be imposed as conditions of aid or recognition, though conditions that in effect destroy the right are invalid. Some clauses of the Bill (for example those enabling takeover of schools and interfering with management) were held to offend Article 30(1); others were valid.