The document discusses cultural and educational rights for minorities under Articles 29 and 30 of the Indian Constitution. It summarizes that Article 29 protects the rights of religious, cultural and linguistic minorities to preserve their heritage and culture, while Article 30 gives minorities the right to establish and administer their own educational institutions. The document also notes some limitations on these rights, such as that minority institutions cannot deny admission on grounds of religion if receiving state funds, and that reasonable regulations of institutions are permitted.
The document discusses cultural and educational rights for minorities under Articles 29 and 30 of the Indian Constitution. It summarizes that Article 29 protects the rights of religious, cultural and linguistic minorities to preserve their heritage and culture, while Article 30 gives minorities the right to establish and administer their own educational institutions. The document also notes some limitations on these rights, such as that minority institutions cannot deny admission on grounds of religion if receiving state funds, and that reasonable regulations of institutions are permitted.
The document discusses cultural and educational rights for minorities under Articles 29 and 30 of the Indian Constitution. It summarizes that Article 29 protects the rights of religious, cultural and linguistic minorities to preserve their heritage and culture, while Article 30 gives minorities the right to establish and administer their own educational institutions. The document also notes some limitations on these rights, such as that minority institutions cannot deny admission on grounds of religion if receiving state funds, and that reasonable regulations of institutions are permitted.
The document discusses cultural and educational rights for minorities under Articles 29 and 30 of the Indian Constitution. It summarizes that Article 29 protects the rights of religious, cultural and linguistic minorities to preserve their heritage and culture, while Article 30 gives minorities the right to establish and administer their own educational institutions. The document also notes some limitations on these rights, such as that minority institutions cannot deny admission on grounds of religion if receiving state funds, and that reasonable regulations of institutions are permitted.
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Article 29 & 30
Cultural & Educational Rights
Rights Of Minorities RAJASATHYA . K.R Assistant Professor (Law) • Cultural and Educational Rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Protection of interests of minorities • Article 29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. • (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them • In The State of Madras v. Srimathi Champakam Dorairajan [(1951) SCR 525, it was held that while Clause (1) of Article 29 protects the language, script or culture of a section of the citizens, Clause (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Clause (2) is a right which an individual citizen has as a citizen and not as a member of any community or class of citizens. Right of minorities to establish and administer educational institutions • Article 30. (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. • (2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language • What is the meaning and content of the expression "minorities" in Article 30 of the Constitution of India? – A. Linguistic and religious minorities are covered by the expression "minority" under Article 30 of the Constitution. Since reorganization of the States in India has been on linguistic lines, therefore, for the purpose of determining the minority, the unit will be the State and not the whole of India. Thus, religious and linguistic minorities, who have been put at par in Article 30, have to be considered state wise. • The rights under Article 30(1) are conferred on minorities to establish and administer educational institutions of their choice at their own cost. • The right is a special right which is given by way of protection so that the majority, which is politically powerful, does not prevent the minorities from establishing their educational institutions. • Our Constitution mandates that all citizens are equal and that no citizen can be denied admission into educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. Thus, if State aid is taken the minority educational institution must then not refuse admission to students of other communities on any of those grounds. • Article 29(2) governs educational institutions established under Article 30(1). • The minority educational institution need not take aid. However, it is chooses to take aid then it can hardly claim that it would not abide by the Constitutional mandate of Article 29(2). • Once the language is clear and unambiguous full effect must be given to Article 29(2) irrespective of the consequences. • Article 30(1) gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. The use of the words "of their choice", indicates that professional educational institutions would be covered by Article 30. • The right under Article 30(1) is not the absolute right and that it is a right which can be restricted. After considering the various authorities it was held that reasonable regulations are desirable, necessary and constitutional, provided they shape but not cut - Gandhi Faizeam College v. Agra University (1975) 3 SCR 810. Important Case Laws The State of Madras v. Srimathi Champakam Dorairajan [(1951) SCR 525]. the State of Bombay v. Bombay Education Society and Ors. (1955) 1 SCC 568 • Re The Kerala Education Bill, 1957 reported in (1959) SCR 995 • D.A.V. College v. State of Punjab reported in (1971) Supp. SCR 688 • St. Stephen's College v. University of Delhi, • T.M.A.Pai Foundation & Ors vs State Of Karnataka & Ors on 31 October, 2002 • THANK YOU…
