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Cultural And Educational Rights (Article 29 -30)

India is a multilingual and multireligious country. People belong to different religions and culture. People in different part of country speak different languages.  The Constitution has taken care of diversity of the country. Article 29 -30 grants cultural and educational rights to minorities.

What are protections available to minorities under Article 29 ?

Article 29 (1) grants citizens residing in territory of India or in any of its parts to conserve language, script and culture.

In Jagdev Singh Sidhant  Vs. Pratap Singh Dhaula  (AIR 1965 SC 183) the Supreme Court held that right conferred under Article 29 (1) is absolute and is not subject to any reasonable restriction.

Article 29 (2) prohibits such educational institutions, which is maintained by state or receives aid from state, from discriminating in admission to educational institutions on the basis religion, race, caste or language.

Article 15 as well as Article 29 (2) prohibits discrimination, but certain differences are discernable. Article 15  is available against the State while Article 29 (2) is available against educational institutions maintained by state as well as educational institutions receiving aid from state. Article 15 prohibits discrimination generally while Article 29 (2) prohibits discrimination in admission to educational institutions.

What are rights of minorities to establish and administer educational institutions under Article 30 ?

Article 30 grants to religious and linguistic minorities right to establish and administer educational institutions of their choice.

Religious and Linguistic Minorities

Article 30 recogonises two types of minorities i.e. Religious and Linguistic Minorities. “Minority” has not been defined under the Constitution.

In Re. Kerala Education Bill (1959 1 SCR 995) the Supreme Court has held that religious and linguistic minorities have to be determined at state level. If persons belonging to a religion or language are less than 50% in a state, such religion or linguistic group will be treated as minority.

In T. M. A. Pai Foundation & Ors. Vs. State of Karnatka & Ors (2002) 8 SCC 481 the Supreme Court reiterated that state is appropriate level for determination of religious and linguistic minority.

Regulation of Minority Institutions

Minority Institution can be of three types.

  • Such minority institutions which do not receive any aid or not recognition from state
  • Such minority institutions which seek and  receive aid and  recognition from state
  • Such minority institution which seek only recogonition from state

Supreme Court in  T.M.A Pai and P. A. Inamdar & Ors Vs. State of Maharastra & Ors  AIR 205 SC 3226  has held that minority Institution which does not receive any aid nor any recognition from State cannot be subjected to any regulation except those emanating from general laws of the State. Such Institutions can admit students belonging to only religious or linguistic minority.  

Minority Institution which seeks recognition from the State can be regulated in respect of academic standards and administration.  Provisions can be made indicating the quality of the teachers by prescribing the minimum qualifications that they must possess and the courses of studies and curricula. The existence of infrastructure sufficient for its growth can be stipulated as a prerequisite to the grant of recognition or affiliation. However, there cannot be interference in the day-to-day administration. The essential ingredients of the management, including admission of students, recruiting of staff and the quantum of fee to be charged, cannot be regulated.

Minority institution which receive  aid from the State will have to comply with Article 29 (2) of   the Constitution, as such they will have to admit students belonging to  non-minority. In St. Stephen’s College vs. University of Delhi  (1992) 1 SCC 558  case it was held by the Supreme Court that minority community can reserve seat up to 50% in its educational institutions for the members of its community. The Supreme Court in T.M. A Pai has observed that rigid percentage can not be specified. It has to be left to the authorities to prescribe reasonable percentage  having regard to  the type of institution, population and education needs of minorities. Such Institutions can be regulated in respect of academic standards and administration.

Reservation Policy

In  T. M. Pai and  P. A. Inamdar the Supreme Court has held that the State cannot even impose reservation policy on minority institutions which are unaided.  Parliament has enacted 93rd amendment to  get over this finding of the Supreme Court whereby Parliament by law can impose reservation policy on such institutions.

Regulation of Fee Structure

The Supreme Court in   T. M. A. Pai  & P. A Inamdar has held that every institution is free to devise its own fee structure subject to the limitation that there can be no profiteering and no capitation fee can be charged directly or indirectly, or in any form. Profiteering or capitation fee can not be allowed. State can regulate the fee structure.

Compulsory Acquisition of Minority Property

Article 30 (1 -A) says that any law providing for compulsory acquisition of property  has to ensure that rights of such minority institution are not abrogated or restricted.

No Discrimination in Providing Grant

Article 30 (2) says that the State can not discriminate in granting aid to an educational institution only on the ground that the educational institution is being managed by minority.

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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