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Minorities

The document discusses the constitutional provisions for minority educational institutions in India, specifically Articles 29 and 30, which protect the rights of minorities to establish and govern their own educational institutions. It highlights the definitions of minority based on religion and language, the role of the National Commission for Minority Educational Institution, and relevant case laws that shape these rights. The conclusion emphasizes the need for a balance between state regulation and the preservation of minority rights to promote diversity and educational excellence.

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2 views

Minorities

The document discusses the constitutional provisions for minority educational institutions in India, specifically Articles 29 and 30, which protect the rights of minorities to establish and govern their own educational institutions. It highlights the definitions of minority based on religion and language, the role of the National Commission for Minority Educational Institution, and relevant case laws that shape these rights. The conclusion emphasizes the need for a balance between state regulation and the preservation of minority rights to promote diversity and educational excellence.

Uploaded by

PRASHANT
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction

Considering the factor of education and its need, the Constitution made certain provisions
for the minorities to avail them with the benefit to establish and govern their own educational
institution (Article 30) where they can help the student from their community to give some
privilege and support their education.

Meaning of Minority institution

The term ‘minority’ isn’t defined in our Constitution. It is derived from the Latin word ‘minor’
and suffix ‘ity’ meaning in small number. In regards to the Kerala Education Bill, the Supreme
Court noticed that while it was anything but difficult to state that the minority means a
community which is numerically less than half (50%) isn’t in relation to the whole legislation.
If it is a State law, a minority would be determined in relation to the number of
inhabitants/citizen in the State. Minority under Article 29 and 30 would be determined
according to the population of that State. As accordingly, it was held in regards Kerala
Education Bill, that Christians, Muslims, and Anglo Indians would be minorities in the State
of Kerala.

The word ‘linguist minority’ according to the purpose of Article 30(1) is one which must have
separate spoken language and the language that does not have a distinct script. In India,
there are various languages which are spoken but do not have any script of their own. But
still, they are spoken by the individuals. To protect them, Article 30(1) was introduced in the
Constitution of India. A linguistic minority must be considered in accordance with the
language spoken by them and not according to the language which they want their
youngsters to study.

The word ‘religious minority’ means ‘that the principal basis of the minority should be in
adherence to one of the many religions and not a sector or part of the religion. Jains and Sikhs
have been held to be counted as minorities based on religion within the meaning of Article
30(1) in the Union Territory of Delhi.

National Commission for Minority Educational Institution Act, 2004 has defined ‘minority’ as
a community which is defined as according to the central government and ‘Minority
institution’ as an educational institution which is administered and set up by the minority.

Protection of Interests of Minorities (Article 29)

1. Every section of citizens of India residing in the territory or any part of India and having
distinct script, language, and culture of their own must have a right to conserve the
same.
2. A citizen should not be denied admission into any educational institution which is
maintained by the State or getting aid or supports out of State funds on grounds of
religion, race, caste, language or any of them.

Rights of Minorities to establish and administer Educational Institutions (Article 30)

1. All minorities should have right to set up and govern educational institutions
according to their own choice.
2. If the government is having an acquisition on any property of minority educational
institution then the government should keep this in mind that a fixed price should be
settled in a way that does not deter the rights minorities
3. The State shall not, differentiate among any educational institution on the ground that
it is under the administration of a minority whether in terms of a religion or a language.

Rights not Absolute

The right of minorities to establish and administer educational institutions is a


fundamental aspect of India’s constitutional framework.
Articles 29 and 30 provide robust protections to ensure that minority communities
can preserve their distinct cultural and linguistic heritage while enjoying autonomy in
the realm of education.
However, these rights are not absolute and are subject to reasonable regulations
aimed at maintaining educational standards and ensuring efficient administration.
The judiciary has played a crucial role in interpreting and balancing these rights with
the broader interests of society.
In a pluralistic society like India, it is essential to strike a balance between protecting
minority rights and fostering national unity.
The constitutional provisions and judicial interpretations discussed in this article
highlight the importance of this balance, ensuring that minority communities can
contribute to the nation’s educational landscape while preserving their unique
identity.

National Commission for Minority Educational Institution

It was established on 11th November 2004 which later got replaced by the new act
passed on December 2004. Its main function is to provide protection to an interest
of minorities in terms of minorities educational institution. Functions of National
Commission for Minority Education Institution
• Giving advice to state government and central government on any query
related to the education of minorities.

• Interfering in any proceeding related to deprivation or violation of the


educational right of the minorities before the court.

• Measures to protect the minority status and character of the institution.

• Take decision for all questions concerning the status of any minority
educational institution.

It recommends to the government to implement schemes for the minority


educational institution

Leading Case Laws:


¹T.M.A. Pai Foundation v. State of Karnataka (2003):
This landmark case addressed the autonomy of minority institutions, particularly in
the context of government regulation. It held that minority communities have an
untrammeled right to establish and administer unaided educational institutions,
while institutions receiving State aid could be subject to government rules and
regulations.
²In Bal Patil v. Union of India (AIR 2005 SC 3172), the Supreme Court examined the
scope and definition of “minorities” and observed that the term signifies an
identifiable group of people or community deserving protection from likely
deprivation of their religious, cultural, and educational rights by the majority.
³S. Azeez Basha and Anr. Vs. Union of India (1967):
This case clarified that minority educational institutions have the right to administer
their everyday affairs, including the right to determine qualifications for students
and teachers.
⁴S.P. Mittal vs. Union of India (1982):
The Supreme Court in this case outlined the prerequisites for claiming the rights
under Article 30, including demonstrating that the community is a religious or
linguistic minority and that the educational institution was established by them.

Conclusion
In conclusion, the rights of minorities to establish and administer educational
institutions are protected under the Indian Constitution. The state must balance its
regulatory powers with the need to preserve minority rights, ensuring that
educational institutions are administered in a fair, transparent, and academically
sound manner. By protecting these rights, the Constitution promotes diversity,
inclusivity, and educational excellence.

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