CULTURAL AND EDUCATIONAL RIGHTS[1].

Table of Contents

(Right of Minorities[2])

(Arts. 29-30).

QUESTION BANK.

Q.1. Discuss in detail the cultural and educational rights of minorities.

Q.2. Rights of minorities under the Indian Constitution.

SHORT NOTES.

Right to education.

SYNOPSIS.

Introduction.
Rights guaranteed under Art. 29 & 30.
The right to preserve the distinct language, script or culture [Art.29 (1)]
The right to establish and administer educational institutions of the choice

[Art.30 (1)]:-

I. INTRODUCTION:-

People following different cultures, religions, faiths, and languages live in India. There is a vast diversity in India. People of different religions and languages, particularly minorities, have been given certain rights to preserve their culture, language, and script. Minorities contemplated in the Constitution are religious and linguistic minorities. Among the religious groups, Christians and Muslims are considered religious minorities[3]. ‘Linguistic minorities[4]’ are those who speak a language that fifty per cent of the population in that State do not speak. Thus, in Maharashtra, Kannada, Telugu, and Malayalam speaking, people come under linguistic minorities.

II. RIGHTS GUARANTEED UNDER (Art. 29 and Art. 30.):-

Rights guaranteed under Art. 29 and 30 for the protection of the interest of minorities are as follows:-

1. The right to preserve a distinct language, script or culture (Art.29 (1)):-

According to Art. 29 (1), any section of the citizen residing in any part of India with a distinct language, script or culture has the right to preserve the same.

2. The Right to establish and administer educational institutions of their choice[5] (Art. 30 (1)):-

Art. 30 (1) provides that all minorities, whether based on religion or language, shall have the right to establish and administer (manage)[6] educational institutions of their choice. The right to maintain institutions of their choice is a necessary concomitant of the right to preserve its distinct language, script, and culture.

In Azeez Basha V. Union of India[7]

Supreme Court held that Aligarh Muslim University was not established by the Muslim Minority but by the Central Government, which passed the Aligarh Muslim University Act of 1920. Therefore, under Art.30 (1), Muslim minorities cannot claim the right to manage the University, which was not established by them.

Art. 30 (1A) provides that, in making any law providing for compulsory acquisition of any property[8] of an educational institution established and administered by the minority (referred above), the State shall ensure that the amount fixed by (or under such law for the acquisition of such property), would not restrict or abrogate the right guaranteed under Art. 30 (1). In other words, the amount should not be so meagre that the minority institution would not function.

3. The Right of admission to educational institutions[9] (Art.29 (2)):-

According to Art.29 (2), admission to any educational institution maintained by the state or aid received out-of-state funds is not to be denied to any citizen on the grounds only of religion, race, caste, language, or any combination thereof.

In Bombay V. Bombay Education Society[10].

Facts: – The Bombay Government issued an order thereby banning admission in English Medium Schools to those whose mother tongue[11] was not English.

Supreme Court Held: – The order is invalid under Art.29 (2) because it denied admission solely on the grounds of language.

The difference between Art.15 (2) and Art. 29 (2) is that Art. 15 protects the citizen against discrimination by the State in general matters like access to a shop, public restaurants, etc., on the grounds of religion, race, caste, sex or place of birth. In contrast, Art. 29 (2) protects citizens against discrimination by the State and any institution that denies admission into educational institutions aided by the State on the grounds of religion, race, caste, language, or any of them.

4. No discrimination in granting aid[12] (Art. 30(2)):-

Art. 30 (2) provides that the State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that a linguistic or religious minority manages it.

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[1] सांस्कृतीक व शैक्षणिक अधिकार

[2] अल्पसंख्यांकांचा अधिकार

[3] धार्मिक अल्पसंख्यांक

[4] भाशिक अल्पसंख्यांक

[5] स्वतःच्या आवडीनुसार षिक्षणसंस्था स्थापन करण्याचा तसेच त्या संस्था चालविण्याचा अधिकार

[6] Brahmo Samaj Educational Society V. State of W.B. 2004 AIR SCW 3189.

Supreme Court Held- that in State aided educational Institutions State can regulate appointment by prescribing by requisite qualification (like NET. or SET for lecturers). The right of institution to appoint candidate of its choice from amongst qualified candidates (i.e. NET or SET) cannot be restricted.

[7] AIR. 1968 SC 662.

[8] सक्तीचे मालमत्तेचे अधिग्रहण

[9] शिक्षण संस्थांत प्रवेष मिळविण्याचा अधिकार

[10] AIR. 1954 SC 561.

[11] मातृभाषा

[12] अनुदानामध्ये भेदभाव करता येणार नाही