THE CONSTITUTION ON MINORITY RIGHTS

THE CONTEXT: Franklin D. Roosevelt stated, “No democracy can long survive, which does not accept the recognition of the rights of minorities as fundamental to its very existence.” Democracy is not merely about majority rule but also about safeguarding the freedoms and dignity of all citizens, especially those in vulnerable or non-dominant positions.

HISTORICAL EVOLUTION OF MINORITY RIGHTS:

• • Austrian Constitutional Law (1867): The Staatsgrundgesetz (1867) was a landmark in codifying minority rights within the Habsburg monarchy. It recognized the inalienable right of ethnic groups (Volksstamm) to preserve and promote their national identity and language. It guaranteed collective equality of languages in education, civil services, and public life. It emphasized autonomy and integration over assimilation, creating a framework for pluri-ethnic coexistence.
  • Hungary’s Act XLIV (1868): Known as the “Law on the Equality of Nationality Rights,” it was one of the most progressive legislations of its time. Granted linguistic and cultural rights to minorities, allowing them to use their languages in local administration and education.
  • Swiss Federal Constitution (1874): Recognized German, French, and Italian as equal national languages. Ensured linguistic equality in civil services, legislation, and courts. Promoted federalism as a tool for managing diversity within a multilingual state.
  • Paris Peace Conference (1919-1920): The concept of minority rights gained prominence as part of the League of Nations framework. New states such as Poland, Czechoslovakia, Romania, Greece, and Yugoslavia signed the Minority Treaties as a precondition for diplomatic recognition.
  • Universal Declaration of Human Rights (UDHR): Article 27 asserts that individuals belonging to ethnic, religious, or linguistic minorities have the right to enjoy their culture, profess and practice their religion, and use their language freely in private or public life. It inspired subsequent frameworks like the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992).

MINORITY RIGHTS IN THE INDIAN CONSTITUTION:

• • Advisory Committee on Minority Rights: Chaired by Sardar Vallabhbhai Patel, this committee included two subcommittees. Its recommendations aimed at protecting religious, linguistic, and cultural identities while fostering national integration.
    • Sub-Committee on Minorities (H.C. Mookherjee): Focused on cultural and educational rights.
    • Sub-Committee on Fundamental Rights (J.B. Kripalani): Addressed broader constitutional safeguards.
    • Pandit G.B. Pant: Highlighted the importance of satisfying minorities to ensure peace and progress.
    • Sardar Patel’s Pragmatism: Advocated against political reservations for religious minorities, fearing they might foster separatism. Instead, cultural and educational rights were prioritized.
    • Iqbal Ansari’s Observation: Despite communal tensions during Partition, the framers upheld minority rights to preserve India’s multicultural ethos.

Key Constitutional Provisions:

• • • Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion (subject to public order, morality, and health).
    • Article 26: Right of religious denominations to manage their affairs in matters of religion.
    • Article 27: Prohibition on compelling individuals to pay taxes for promoting any religion.
    • Article 28: Prohibition of religious instruction in state-funded educational institutions.
    • Article 29: Protects the right of any section of citizens to conserve their distinct language, script, or culture. Ensures non-discrimination in admission to state-funded institutions based on religion or language.
    • Article 30: Grants religious and linguistic minorities the right to establish and administer educational institutions.
    • Article 30(2): Prohibits discrimination by the State in granting aid to minority institutions.
    • Article 350A: Mandates instruction in the mother tongue at the primary stage of education for linguistic minorities.
    • Article 350B: Provides for a Special Officer for Linguistic Minorities to investigate and report on safeguards for linguistic minorities.
  • National Commission for Minorities (NCM): Constituted under the National Commission for Minorities Act, 1992 as a statutory body. Six religious communities were recognized as minorities: Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrians), and Jains. The NCM is a watchdog for minority welfare policies and ensures adherence to constitutional principles of equality and non-discrimination.
  • National Commission for Minority Educational Institutions (NCMEI): Created under the National Commission for Minority Educational Institutions Act, 2004. A quasi-judicial body with powers equivalent to a Civil Court. Resolve disputes regarding minority status or affiliation of educational institutions. Hear complaints regarding deprivation of educational rights under Article 30(1).

UNDERSTANDING ‘MINORITY’ IN THE INDIAN CONTEXT:

• • Lack of Constitutional Definition: The term “minority” is not explicitly defined in the Indian Constitution, though it appears in Articles 29, 30, 350A, and 350B. The absence of a concrete definition has led to ambiguities in identifying and protecting minority groups. Lack of clarity leads to inclusion and exclusion errors in government schemes. Over-reliance on central notifications often ignores regional demographic realities. The undefined term creates judicial and administrative inconsistencies.
  • Supreme Court’s Interpretation: In the TMA Pai Foundation Case (2002), the Supreme Court established that both religious and linguistic minorities must be identified at the state level for Article 30 purposes. It also emphasized that a community could be a minority in one state but not necessarily across India. In the Bal Patil Case (2005), the Supreme Court reaffirmed the TMA Pai ruling, stating that linguistic and religious minorities are state-dependent. It highlighted that determining minority status at the national level could undermine regional diversity.
  • Protection for Pre-Constitution Institutions: The Supreme Court has extended Article 30 protection to pre-Constitution minority institutions (e.g., St. Stephen’s College v. University of Delhi, 1992). Such institutions are safeguarded from policies that dilute their minority character.
  • Aligarh Muslim University Case (2024): In Aligarh Muslim University v. Union of India, Chief Justice D.Y. Chandrachud emphasized that the rights to “establish” and “administer” under Article 30 must be read conjunctively. The Court introduced a “holistic and realistic” test to determine minority status, focusing on the intent behind the institution’s establishment and its foundational purpose. Minority character is determined by the intent behind the institution’s establishment. Institutions of national importance can also claim minority status if they primarily serve the interests of a minority community.
    • The TMA Pai Foundation case emphasized state-wise determination of minority status and institutional autonomy.
    • The Aligarh Muslim University case reaffirmed Article 30 protections while recognizing historical contexts.
    • The St. Xavier’s College Society case balanced institutional autonomy with reasonable regulation.
    • The Kesavananda Bharati case ensured that minority rights remain protected as part of India’s basic constitutional structure.
  • Government’s Position: In recent affidavits to the Supreme Court, the Union Government stated that states can grant minority status to communities within their jurisdiction. Maharashtra recognized Jews as a minority community in 2016. Karnataka identified several linguistic groups, such as Urdu, Tamil, Telugu, and Tulu speakers, as minorities.
  • Hindu Minorities in Certain States: Hindus, despite being a national majority (79.8% as per Census 2011), are minorities in several states and union territories where other communities dominate demographically.

INDICIA OF MINORITY INSTITUTIONS:

• • Foundational Ideation: The institution’s genesis must originate within the minority community. Evidence such as correspondence, resolutions, and other documents must demonstrate that the idea for establishing the institution stemmed from a member or group of the minority community. In the AMU case, historical records were used to establish that Sir Syed Ahmad Khan ideated the institution to serve the Muslim community.
  • Purpose of Establishment: The institution must be established predominantly for the benefit of the minority community but need not exclusively serve them. The purpose may include conserving distinct languages, cultures, religions, or scripts while also contributing to broader societal goals like secular education. St. Stephen’s College in Delhi serves a diverse student body but retains its Christian minority character.
  • Implementation Steps: Contributions such as land acquisition, funding, permissions, and infrastructure development must primarily involve members of the minority community. The Court examines whether these contributions were made before or after providing state aid. In AMU’s case, contributions from the Muslim community during its establishment were pivotal in affirming its minority character.
  • Administrative Structure: Administration is a consequence of establishment rather than a precondition for minority status. The administrative framework must affirm the institution’s minority character but need not be exclusively operated by members of the minority community. The Supreme Court clarified that AMU’s governance structure could include diverse stakeholders without diluting its minority status.

THE CONCLUSION:

Minority rights are about protecting vulnerable groups and upholding India’s constitutional ethos of unity in diversity. By balancing these rights with reasonable regulations, India ensures its democratic framework remains inclusive, equitable, and resilient. As a multicultural society navigating complex socio-political dynamics, safeguarding minority rights is essential for fostering national integration while celebrating diversity—a cornerstone of India’s identity as a secular democracy.

UPSC PAST YEAR QUESTION:

Q. Whether the National Commission for Scheduled Castes (NCSCJ) can enforce the implementation of constitutional reservation for the Scheduled Castes in the religious minority institutions? Examine.

MAINS PRACTICE QUESTION:

Q. “The Indian Constitution provides a robust framework for protecting minority rights while ensuring national integration.” Discuss

SOURCE:

https://www.thehindu.com/news/national/the-constitution-on-minority-rights/article68995551.ece