ARTICLE 30

0
8

A crucial clause in the Indian Constitution, Article 30, protects the ability of linguistic and religious minorities to form and run educational institutions of their choosing. This essay, which is based on the values of equality, secularism, and diversity, emphasizes the value of maintaining minority communities’ cultural and educational autonomy. Article 30 gives these communities the freedom to run their own educational institutions, enabling them to transmit information in line with their particular values, traditions, and beliefs. This constitutional provision not only strengthens India’s commitment to a pluralistic society where each person can accept their past and contribute to the advancement of the country as a whole, it also develops a sense of identity and pride among minority groups. Article 30 essentially serves as the cornerstone of inclusive education, ensuring that India’s educational landscape reflects the rich tapestry of its different cultural fabric.

What does Article 30 states ?

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
Clauses of Article 30
  • Article 30(1) states that every linguistic and religious minority has the freedom to create and run educational institutions of their choosing.
  • Article 30(2) prohibits the State from discriminating against any educational institution on the grounds that it is run by a minority, regardless of religion or language, while providing funding to educational institutions.
Minorities in India
  • According to a 2019 UN statistical study, India’s population of 136.6 crore people was split between majority and minority communities in the following percentiles:
  • Hindus made up the majority with up to 80.5% of the total population, followed by Muslims with 13.4%, Christians with 2.3%, Sikhs with 1.9%, Buddhists with 0.8%, Jains with 0.4%, and the remaining communities and classes combined with 0.6%.
  • As a result, according to statistics, there are a variety of religious minorities in India, including Muslims, Christians, Buddhists, Jains, and Sikhs. The Latin word “minor” with the prefix “ity” is the source of the English term “minority,” which meaning “small in number.” Although the term “minority” is not defined anywhere in the Indian Constitution, it is often determined by statistical statistics. Religious minorities and linguistic minorities are the two types of minorities discussed in Article 30. The aforementioned religious groups make up India’s religious minority. In addition to these statistics, the National Commission for Minorities Act (1992)’s Section 2(c) designates the following groups as permanent minorities in India:
  • The Parsis (Zoroastrians), Muslims, Christians, Sikhs, Buddhists, and Jains.
  • A country’s linguistic minority are those citizens whose mother tongues differ from those of the main population.
Landmark judgements regarding Article 30

Miss. Ravneet Kaur v. The Christian Medical College (1997)

The Punjab-Haryana High Court ruled in Miss. Ravneet Kaur v. The Christian Medical College (1997) that an educational institution cannot discriminate against students of different religious or linguistic communities when making admissions decisions on the grounds that the institutions are not state-aided and are therefore not subject to the state’s directives.

Managing Board of Milli Takimi Mission Bihar and Ors. v. State of Bihar and Ors. (1984)

In the case of the Managing Board of Milli Takimi Mission Bihar and Ors. v. State of Bihar and Ors. (1984), the Supreme Court held that the right to education conferred to minority communities under Article 30 is a fundamental right. If the state denies recognition to any minority educational institution without just and fair grounds, such denial shall be deemed to be a violation of Article 30(1).

LEAVE A REPLY

Please enter your comment!
Please enter your name here