(Article 29 & Article 30 of the Indian Constitution)
Cultural and Educational Rights are enshrined in Articles 29 and 30 of the Constitution of India. These provisions are specially aimed at safeguarding the interests of minorities, allowing them to preserve their unique identity and establish their own educational institutions.
Article 29 – 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.”
- This provision protects the cultural identity of any section of citizens.
- It applies to both minority and majority communities.
- Focuses primarily on linguistic and cultural identity, not religion.
Article 29(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.”
- This provision applies to institutions that are state-maintained or state-aided.
- It prohibits discrimination in admissions based on religion, race, caste, or language.
Article 30 – 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.”
- This provision gives both religious and linguistic minorities the right to run their own educational institutions.
Article 30(1A):
- It is inserted through the 44th Amendment Act, 1978.
- This clause provides that if the State acquires property of such institutions, the compensation must not restrict their right under Article 30(1).
Article 30(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.”
- The State cannot deny financial aid simply because an institution is run by a minority.
- Applies to both religious and linguistic minorities.
Landmark Cases on Article 30
- Frank Anthony Public School vs Union of India (AIR 1987 SC 311)- In this case it was held that idea of giving the right under Article 30(1) is to provide sense of security rather than feeling of confidence.
- T.M.A. Pai Foundation vs State of Karnataka [(2002) 8 SCC 481]- The Court ruled that the status of ‘minority’ is to be determined state-wise. Institutions can include all levels — from primary to professional education.
- S. Aziz Basha vs Union of India (AIR 1968 SC 662)-A minority community can administer the university only when they have established the university. So, Aligarh Muslim University is not a minority university.
- St. Xavier’s College vs State of Gujarat (AIR 1974 SC 1389)- In this case it was held that the word administration means the full control given to the minority to establish and administer educational institutions but with some reasonable restrictions. It include four matters:
- Right to choose governing bodies.
- Right to choose teacher
- Right to admit the students( reasonable restriction- on merit)
- Right to use property and assets.
References:
- Constitutional Law by Dr. J.N. Pandey
- Indian Constitutional Law by MP Jain
