This article has been written by Ms. Nidhisha Alajangi, a 2nd year BBA LL.B Student from SVKM Narsee Monjee Institute of Management Studies, Bengaluru
INTRODUCTION
All religious and linguistic minorities must have the freedom to create and manage educational institutions of their choosing.
In awarding financing to educational institutions, the State should not discriminate against any educational institution on the basis that it is managed by a religious or linguistic minority.
MAIN CONTENT
Article 23A, Draft Constitution, 1948
Minorities based on religion, ethnicity, and/or language must have the freedom to create and manage educational institutions of their choosing. In awarding funding to educational institutions, the State should not discriminate against any educational institution on the basis that it is managed by a minority based on religion, community, or language.
Article 30 was the subject of discussion on December 8, 1948. It permitted minority groups to form and manage their own educational institutions.Initially, this Draft Article was clause (3) of Draft Article 23. On the suggestion of a member, it was discussed apart from Draft Articles 23(1)-(2).One member recommended granting linguistic minorities access to elementary education in their own language and script. He cited such measures in the 1928 Nehru Report and a 1948 government decision. A member want to qualify this idea by stating “in the event that a significant number of such pupils are available.” He noted that the constitutional right to freedom of movement implied that persons from varied linguistic origins would settle across the nation, and that they should not be denied this right. Another member backed this second plan, claiming that the first was fiscally irresponsible. Unfortunately, both ideas were rejected by the Assembly.
The Draft Article was adopted on 8th December 1948.The Indian Constitution protects and guarantees the rights of every person, and particular provisions have been established throughout the Indian Constitution and in a number of additional laws to safeguard the rights of minorities, backward classes, etc. Articles 29 and 30 of the Indian Constitution guarantee minorities in India specific rights. It provides cultural and educational rights to India’s minorities as basic rights. These rights are absolute in nature and are designed to preserve and ensure these minority’ freedom and Right to Life. Article 30 ensures the Right to Education for Indian minority populations by allowing them to construct educational institutions for their communities and administer them according to their own preferences.
As written, Article 30 allows minority populations in India to establish and manage educational institutions. It ensures that they have the same access to government funding as other educational institutions. Article 30 assures them non-discrimination and equality in education. Article 30 stipulates that although the forced purchase of property on which a minority educational institution is located is permitted, the price for such an acquisition must be chosen so as not to impede the minority community’s education rights. Article 30 enables the right to education for minorities in India and supports the importance of Article 14’s assurance of the right to equality for all citizens. Article 30 guarantees the right solely to minorities in India, and not to all people equally. This is done in order to defend the interests of India’s minorities. Article 30 also grants them the right to teach in their native tongue at these educational establishments.
Minority institutions and Article 30 of the Indian Constitution
In accordance with Article 30(1), minority groups in India have the freedom to create and run their own religious institutions, as well as to educate the children of their community, infuse religious values alongside general education, and do so with little governmental intervention. Many court decisions have influenced the meaning of Article 30.
In S. Azeez Basha and Others v. Union of India (1967), the Supreme Court defined “establish and administer.” The Court ruled that minority education institutions created by minority groups have the authority to manage their day-to-day operations. In contrast, for a minority group to have the right to run an educational institution, it must have formed it with the goal of imparting instruction as a religious educational institution.
In S.P. Mittal v. Union of India (1982), the Supreme Court spoke about the prerequisites of Article 30 as the following:
- The community has to show that they are a religious minority/linguistic minority,
- The community has to show that the educational institution was established by them.
When these conditions are satisfied, only then is the minority community awarded responsibility over the management and administration of the educational institution.
The Supreme Court ruled in Andhra Pradesh Christian Medical Association v. Government of Andhra Pradesh and Others (1986) that the institution was not an educational institution. It was a pretence utilised to operate a commercial endeavour and not a minority-run educational institution. The Court ruled that such an enterprise is ineligible for benefits under Article 30, since it does not apply to them.
In State of Kerala, et al. v. Most Reverend Mother Provincial, et al. (1970), the Supreme Court ruled that even a single member of a minority group may establish and operate an educational institution and educate members of their community. The provisions of Article 30 shall apply to him or her in the same manner as they apply to the whole community.
In the 1974 landmark case Ahmedabad St. Xaviers College v. Government of Gujarat and Anr., the Supreme Court ruled that an educational institution created and operated by one minority group cannot refuse admission to students from other minority communities or the majority population. The Court ruled that educational institutions should be open to everyone, regardless of the community that founded them.
Landmarks judgments under Article 30 of the Indian Constitution
In DAV College, Bathinda, Etc. v. State of Punjab and Ors. (1971) the Supreme Court held that though it is a right conferred on the minority communities to impart education in their educational institutions in their regional language, it cannot be absolute. Even though the institution can impart education and instructions in Punjabi, there also have to be similar instructions in Hindi. Being an educational institution it cannot hamper, deny or discriminate against any other community of the country by restricting the educational institutions to one language. Thus, while the Punjab University was given recognition by the state, the restrictive clauses of imparting education in only Punjabi were struck down by the Court as being invalid, discriminatory and violative of Articles 29 and 30 of the Constitution.
In P.A. Inamdar and Ors. v. State of Maharashtra and Ors. (2005), the Supreme Court gave a landmark judgement where it held that the reservation policy during admissions would not be applicable to minority educational institutions. Rather, it shall be on the basis of merit and shall be equally open to children of all religious and linguistic groups of India.
In S. Azeez Basha and Anr. v. Union of India (Aligarh Muslim University Case (1967), the Supreme Court held that the Aligarh Muslim University has not been ‘established’ by a minority community. Thus, the Muslim community does not have the right to administer it either. The Aligarh Muslim University does not classify as a minority education institution recognized by the Parliament. This case was followed by the Dr. Naresh Agarwal v. Union of India case (2005) where the claimed status of Aligarh Muslim University as a minority educational institution was struck down by the Court.
Conclusion
As a result of violence, prejudice, hatred, and lack of representation, Indian minorities have endured many difficulties. The Union Government, lawmakers, and policymakers have enacted laws, legislation, rules, and special privileges for minority populations to combat these crimes. Article 30 guarantees to them one of these rights. This Article supports the establishment and administration of educational institutions by minority populations. They are granted administrative autonomy with little government influence. This is done in order to provide religious and linguistic minorities of the country with equal educational opportunities and equality. Despite with numerous government initiatives throughout the years, it is claimed that violence, bigotry, and hatred have persisted to the present day. Time will reveal the fate of Indian minorities and the degree to which the government reduces their crimes.
In India, minority educational institutions are of the following varieties:
Educational institutions that seek permission, recognition, and assistance from the state government in which they are located.
Educational institutions that seek just state government permission and recognition, and
Educational institutes that seek neither official recognition nor assistance.
Also, the management of these organisations is diverse. The educational institutions that want governmental recognition, funding, or both are subject to little official intervention. These institutions must adhere to the state government’s directives about the method and quality of academics, the curriculum, the hiring of professors, and the maintenance of cleanliness standards, among other laws and regulations.
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