Submitted by Aadesh Agarkar
2) Article 29
3) Article 30
Article 29 and 30 of the Indian Constitution provide for cultural and educational rights. It provides for protection of minorities in India. Article 30 allows minorities in India to establish and administer educational institutions of their choice.
Article 29 provides for protection of interest of minorities
i) under clause 1 Any section of the citizens residing in the territory of India or any part thereof, having the distinct language, script or culture of its own shall have the right to conserve the same. Thus, it affords constitutional provisions to protect the language, script or culture of the citizens. The same is valid for both majority and minority group.
ii) according to clause 2, no citizens shall be denied admission into any educational institution maintained by State or receiving aid out of state fund on the ground only of religion, race, caste, language or any of them. This provides that the state shall not discriminate with reference to the admission of a person on the basis of religion, cast, sex, language.
In state of Madras vs Champakam Dorairajan
An order of Madras government had fixed the position of students of each community that could be admitted in the state medical and engineering colleges. The same was challenged as it denied admission only on the basis of religion and cast. The petitioners were denied admission because they were brahmins. The supreme court held that to be violative Article 29(2).
2) Article 30
Article 30 provides the right to the minorities to establish and administer educational institutions.
i) According to clause 1, all minorities whether based on religion or language, shall have the right to establish and administer educational Institutions of their own choice.
ii) according to clause 2, the state shall not grant aid to educational institutions discriminating against any education Institutions on ground that, it is under the management of a minority, whether based on religion or language.
Article 30(1) used the term linguistic or religious minority. The same has not been defined by the constitution, and generally refers to the non-dominant group. A linguistic minority is one that has a separate spoken language, it is not necessary the language has a different script
In Kerala Education Bill
The supreme court observed that the fundamental rights given to all minorities under article 30(1) do not prevent the state to insist that in granting aid the state can prescribe certain reasonable regulations to ensure excellence. Thus, the court held that the right under article 30(1) were not absolute. The state has to take care that the regulations imposed must not take away the right of the minorities provided under article 30(1). The supreme court further observed that a minority, with regards to a State Law extending to the whole of the state in question, must be determined from the population of the state and not against the whole of India. Thus, Christian community been 20% of the population of Kerala is a minority in Kerala.
Establish and Administer
The word Establishment and administration have to be read together. Therefore, the minority can administer an educational institution if the same has been established by it. Thus religious minority cannot administer education institutions set up by someone else. The right have been provided so that the minority can mould the institution as per the interest of the community.
In Frank Anthony Public School vs. Union of India
The Supreme Court held that statutory measures regulating terms and conditions of services of teachers for maintaining education, excellence and standard were not violative of Article 30. The management of a minority School cannot be permitted to oppress or exploit their employees under the guise of article 30(1).
The scope of article 30 was re-examined in the case T.M.A Pai Foundation vs State of Karnataka
Supreme Court held with regards to the scope of article 30-
i) The term minority under article 30(1) cover linguistic and religious minorities.
ii) The purpose of determining the minority, the unit shall be state and not the whole of India.
iii) Article 30(1) provides all minority right for establishing and administering educational institutions of their choice. This even includes professional educational institutions.
iv) the right conferred by article 30(1) is not absolute though the un-aided enjoys more freedom as compared to the aided institution.
v) admission of students to unaided minority educational institutions cannot be regulated by the state except for minimum qualification in the interest of educational standard.
vi) an unaided minority institution is entitled to admit student belonging to a minority group, at the same time they must also appoint the non-minority student to a reasonable extent.
vii) in the case of non-minority student eligibility for admission should be on the basis of common entrance test.
viii) minority institution can have separate entrance merit as long as they are fair and transparent.
ix) the authorities granting aid, to an aided minority institution may prescribe basis of admission for the academic standard.
x) the right to administer is not absolute and regulatory measures ensuring educational standard and excellence is valid.
In P.A.Inamdar vs State of Maharashtra
The scope of article 30 was further elaborated by the Supreme court.
The aspect laid down by the court were-
i) minority Institutions are free to admit Student of the choice. The admission of non-minority students cannot be forced upon it.
ii) they can impose certain regulatory control of the state
iii) state or university cannot interfere with the internal policy of the Institution. There can be only specific rules and guidelines.
iv) minority Institutions can reserve any number of seats for their students.
Submitted by Aadesh Agarkar