Friday, 4 February 2022

Rights of minorities under Article 29 and 30 -By Isha

 Right of minorities under Article 29 and 30 – By Isha


Both Article 29 and Articles 30 guarantee certain right to the minorities. Article 29 protects the interests of the minorities by making a provision that any citizen / section of Citizens having a distinct language, script or culture have the right to conserve the same. Article 29 mandates that no discrimination would be done on the ground of religion, race, caste, language or any of them.


Article 30 mandates that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. Article 30 is Called a Charter of Education Rights.


Madarsas are administrated by the Article 30. Article 30 provides an absolute right to the minorities that they can establish their own linguistic and religious institutions and at the same time can also claim for grant-in-aid without any discrimination.


Issues Related to Minority Institutions

 Can a Madarsa be acquired by the Government? Yes, The article 30(1A) was inserted by the 44th Amendment Act 1978. This article provides that if while making any law which provides for the compulsory Acquisition of any property of any educational institution established and administered by a minority, 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. This clause makes it clear that such acquisition requires conformable compensation.


Can a Madarsa teach Computers? In context with the Kerala Education Bill 1957, The Supreme court of India said that: Article 30 does not say that minorities based on religion should establish the educational institutions for teaching their language / religion only. The minorities would desire that their children be eligible for higher university education, the education institutions of minorities would also include the general secular education. Article 31: Repealed Article 19(1)(f) Right to acquire, hold and dispose of property and Article 31 were repealed by the Constitution 44th Amendment Act 1978. A new part was inserted in Part XII of the Constitution and right to property has been transferred under Article 300 A. The main points are: Right to Property is not a fundamental right but a legal. One can not approach supreme court for remedy under article 32 on violation of his / her right to property because it is not a fundamental right.


In the case of TMA PAI v. State of Karnataka, the judgment stated was, "…it was suggested that the State does have the right to intervene or make policies or rules or regulations related to the administration of the minority institutions. Particularly the protest was taken to the selection or nomination by the state on the administration of private institutions as well as to provide rights regarding the issue of admission of students, setting up of fee structure and short listing, selecting and appointing faculties by channels of the State."


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