Theoretical overview
Article 29 and 30 of the India constitution talks about the education rights of minorities. These two sections are the only sections in the constitution which specifically talks about the rights of minorities regarding education institution.
Articles 29 and 30 confers four different rights –
- Right of any section of citizens to conserve its own language script or culture (art29(1))
- Right of all religions and linguistic minorities to establish and administer educational institutions of their choice (art30(1))
- Right of an educational institution not to be discriminated in matters of state aid on ground that it is managed by a religious or linguistic minority (art 30(2))
- Right of the citizen not to be denied admission into any state maintained or state aided institutions on the ground of religion, caste, race or language (art29(2))
It is important to note that articles 29 should not be confused with article 15 on the ground that both these articles prohibit discrimination on the grounds of religion, race, caste, sex and place of birth. Article 29 is specific in nature which protects the right of minorities in educational institutions.
The right to admission into an educational institution conferred by article 29(2) is a right of an individual given to him as a citizen and not as a member to any community
The protection of article 29(2) does not apply where the student is expelled from an institution on the ground of indiscipline and where he is refused admission on the grounds of his not possessing requisite qualification.
The court pointed out the following distinction between these two articles
- While art 29(1) confers right on any section on citizen which will include the majority section, art 30(1) confers the right only on minorities based on religion or language
- While art 29(1) is concerned only with three subjects viz. Language, script and culture, article 30(1) deals with the minorities of nation based on language or religion.
- While art 29(1) is concerned with the right of conserve language, script and culture, article 30(1) deals with the right of minorities to establish and administer educational institutions of their choice.
- While art 29(1) does not deal with education as such, article 30(1) deals only with the establishment and administration of educational institutions.
Thus, conservation of language, script or culture under art 29(1) may be by means wholly connected with educational institutions and similarly establishment and administration of educational institutions b a majority under art 30(!) may be unconnected with any motive to conserve language, script or culture.
Relevant articles
Article 29. Protection of interests of minorities
(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same
(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them
Article 30. Right of minorities to establish and administer educational institutions
(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause ( 1 ), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause
(2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language
Important case laws
Re Kerela Education Bill, 1958 – the supreme court said that the fundamental right given to all minorities under article 30(1) to establish and administer educational institutions of their choice does not militate against the claim of the state to insist that in granting aid the state may not prescribe reasonable regulations to ensure the excellence of the institutions to be aided.
D.A.V College, Bhatinda vs State of Punjab – the university declared that Punjabi would be sole medium of instruction in the affiliated colleges. The court held that the right of the minority to establish and administer educational institutions of their choice includes the right to have a choice of medium of instruction also. The right under article 30(1) is available to both the pre-constitution and post constitution institutions.
State of Madras vs Champakam Dorairajan – an order of Madras government had fixed the proportion of students of each community that could be admitted int the state Medical and Engineering Colleges. The order was challenged on the ground that it denied admission only because they are brahmins. The supreme court held the order invalid for being violative to Art 29(2)
Points to remember
- Article 29 and 30 of the India constitution talks about the education rights of minorities.
- Right of any section of citizens to conserve its own language script or culture (art29(1))
- Right of all religions and linguistic minorities to establish and administer educational institutions of their choice (art30(1))
- Right of an educational institution not to be discriminated in matters of state aid on ground that it is managed by a religious or linguistic minority (art 30(2))
- Right of the citizen not to be denied admission into any state maintained or state aided institutions on the ground of religion, caste, race or language (art29(2))
- The protection of article 29(2) does not apply where the student is expelled from an institution on the ground of indiscipline and where he is refused admission on the grounds of his not possessing requisite qualification.
- While art 29(1) is concerned with the right of conserve language, script and culture, article 30(1) deals with the right of minorities to establish and administer educational institutions of their choice.