“Law Master’s Publication” “Cultural and Educational rights” Prof. Santosh D. Bhosale

(Not prescribed for Shivaji University Syllabus)

(..13..)

CULTURAL AND EDUCATIONAL RIGHTS.

(Right of Minorities)

(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

1. Right to education.

I. Introduction.

SYNOPSIS.

II. Rights guaranteed under Art. 29 & 30.

1. The right to preserve the distinct language, script or culture [Art.29 (1)]

2. 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. 'Linguistic minorities’ are those who

speak a language that fifty per cent of the population in that State do not speak.

“Law Master’s Publication” “Cultural and Educational rights” Prof. Santosh D. Bhosale

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.

The Right to establish and administer educational institutions of their

choice (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)¹educational

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 India²

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 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 (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

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.

AIR. 1968 SC 662.

“Law Master’s Publication” “Cultural and Educational rights” Prof. Santosh D. Bhosale

citizen on the grounds only of religion, race, caste, language, or any combination

thereof.

In Bombay V. Bombay Education Society³

Facts: - The Bombay Government issued an order thereby banning admission in

English Medium Schools to those whose mother tongue 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.

No discrimination in granting aid (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.

*****

AIR. 1954 SC 561.