Article 29 and 30 (Cultural and Educational Rights)

Article 29 (Protection of Interests of Minorities)

• • Any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same (protect right of a group).
  • No citizen shall be denied admission into any educational institution maintained by the State on grounds only of religion, race, caste, or language. (protect right of an individual)
  • Protection of both religious minorities as well as linguistic minorities.

Article 30 (Right of Minorities to Establish and Administer Educational Institutions)

• • Right to establish and administer educational institutions of choice.
  • State must compensate for compulsory acquisition of property of a minority educational institution. (Added by the 44th Amendment Act of 1978)
  • State shall not discriminate in granting aid.
  • Provide protection only to minorities (religious or linguistic)
  • Types of minority educational institutions:
    • Institutions seeking recognition as well as aid from the State.
    • Institutions seeking only recognition and not aid from the State.
    • Institutions seeking neither recognition nor aid from the State.
  • The first and second type of institutions are subject to the regulatory power of the state.

The third type are free to administer their affairs but subject to operation of general laws.

Secretary of Malankara Syrian Catholic College case (2007): Principles relating to establishment and administration of minority educational institutions-

• • The right of minorities to establish and administer educational institutions comprises:
    • To choose its governing body
    • To appoint teaching and non-teaching staff
    • To admit eligible students and set a reasonable fee structure
    • To use its properties and assets
  • The right under Article 30 is only to ensure equality with the majority and not to place the minorities in a more advantageous position vis-a-vis the majority i.e. no reverse discrimination in favour of minorities.
  • The right to establish and administer educational institutions is not absolute and doesnot include the right to maladminister.
  • Extention of aid by the State, does not alter the nature and character of the minority educational institutions.

Case laws

• • M.A. Pai Foundation v. State of Karnataka (2002):  autonomy of minority educational institutions and their entitlement
  • A Inamdar case: The principle of Triple test for selection of students- Fairness, Transparency and non-exploitation of students.

What constitutes the term ‘Minority’?

• • The Constitution acknowledges minorities based on religion and language but does not define the term ‘minority’. It is referred in Articles 29, 30, 350A, and 350B.
  • Under the National Commission for Minorities (NCM) Act, 1992, a ‘minority’ is defined as a community notified by the Central Government.
  • Six religious communities (19% of India’s population)—Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains—recognized as minorities by the Union Government.
  • State governments are empowered to recognize minorities at state level. For example- Jains were declared a minority in 11 states before being nationally recognized in 2014.

Granting minority status

• • In M.A. Pai case, SC stated that minorities are those which are numerically less than 50%.
  • In 2019, a petition was filed in the court which was dismissed by the SC, that minorities cannot be identified based on:
    • Demographic presence at state level.
    • Religion cannot be a criterion at state level as states are created on linguistic basis.

However, it stated that religion can be a basis to identify minority at national level.

Should Hindus be given minority status in some states?

• • As per census 2011, Hindus are in a ‘minority’ in six states and three Union Territories of India.
  • TMA Pai Case (2002)- religious and linguistic minorities to be considered state-wise.
  • Bal Patil Case (2005)- State should be the unit for determining status of both linguistic and religious minorities.
  • NCMEI Act 2004Section 2(f), confers the power to identify and notify minority communities in India to the Centre.
  • Parliamentand State legislatures have concurrent powers to provide for the protection of minorities and their interests.

Whether AMU is a minority institution?

• • Azeez Basha vs. Union of India case– AMU not a minority institution rather a central university established through AMU Act, 1920.
  • AMU (Amendment) Act, 1981– Restored the minority status of AMU.
  • Allahabad High Court in 2006– struck down the minority status of AMU
  • Current status– The issue is referred to a regular bench of SC.