Article 30 of Indian Constitution lays down the rights given to minorities to establish and administer educational institutions in Indian.
A-30. Right of minorities to establish and administer educational institutions
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
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.
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.
Article 30(1) of Indian Constitution
Clause (1) gives all minorities, whether based on religion or language, the right
- to establish, and
- to administer educational institutions of their choice.
Although, as has already been noted, Articles 29 and 30 are grouped together, it will be wrong to restrict the right of minorities to establish and administer educational institutions of their choice under “Article 30(1)” only to educational institutions concerned with the conservation of the language, script or culture of the minorities.
The reasons are:
Firstly, Article 29 confers the fundamental right on any section of the citizens irrespective of their being a minority whereas Article 30(1) confers the right only on minorities.
Secondly, Article 29(1) is concerned with language, script or culture, whereas Article 30(1) of Indian Constitution deals with minorities based on religion or language.
Thirdly, Article 29(1) is concerned with the right to conserve language, script or culture, whereas Article 30(1) deals with the right to establish and administer educational institutions of minority’s choice.
Fourthly, the conservation of language, script or culture under Article 29(1) may be by means wholly unconnected with educational institutions, and similarly establishment and administration of educational institutions by a minority under Article 30(1) may be unconnected with any motive to conserve language, script or culture. A minority may administer an institution for religious education which is wholly unconnected with any question of conserving language, script or culture.
It may be that Articles 29(1) and 30(1) overlap, but the former cannot limit the scope of the latter. The scope of Article 30 rests on the fact that the right to establish and administer educational institutions of their choice is guarantee only to linguistic or religious minorities, and no other section of citizens has such a right. Further Article 30(1) gives the right to linguistic minorities irrespective of their religion. It is, therefore, not at all possible to exclude secular education from Article 30.
CLAUS 1-A of Article 30
As will be noticed a little later, Article 31 relating to compulsory acquisition of property has been repealed. While old Article 31(1) of Indian Constitution has been placed outside the fundamental rights chapter as Article 30 1-A, the remaining clauses (2) to (6) have been altogether repealed. However, to safeguard the minority rights in Article 30(1) through property belonging to an educational institution established and administered by any minority, clause (1-A) has been inserted in Article 30 of Indian Constitution, which is identical to the proviso to repealed Article 31(2).
The effect of this provision is that while fixing the ”amount” of compensation, the State has to ensure that acquisition of property of a minority educational institution does not affect the right under clause (1), that is, the financial capacity and resourcefulness to establish and administer educational institutions shall not be put to any detriment. For such an acquisition general law of the land such as the Land Acquisition Act, 1894 is not applicable. Article 30(1-A) requires a special law providing for the acquisition of the property of a minority educational institution.
Article 30(2) Explanation
Clause (2) is only a phase of non-discrimination clause of the Constitution and does not derogate provisions made in clause (1).The clause is expressed in negative terms: the State is thereby enjoined not to discriminate in granting aid to educational institutions on the ground that the management of the institution is in the hands of a minority, religious or linguistic.
The clause does not mean that the State is competent otherwise to discriminate so as to impose restrictions upon the substance of the right to establish and administer educational institutions by minorities.
The right established by Article 30(1) is intended to be a real right for the protection of the minorities in the matter of setting up of educational institutions of their choice.
- Article 51A of Indian Constitution – Fundamental Duties Explained
- Article 43 of the Indian Constitution with Explanation and Cases
- Article 29 of Indian Constitution with Explanation and Notes
Clause (2) does not give a right to minorities to get grants from the State either for establishing or for administering or for both educational institutions of their choice. It merely commands the State not to discriminate against the minority institutions in the matter of giving grants to similar non-minority educational institutions.
It may also be noted that though Article 30(2) does not give a positive right to claim grant-in-aid an abject surrender of the right to management cannot be made a condition of aid; nor can aid be denied on the ground that the educational institution is under the management of a minority.
What is considered to be a minority in India?
The expression ”minorities” in Article 30 of Indian Constitution remains undefined though the court has observed that it refers to any community which is numerically less than 50 per cent of the population of a particular State as a whole when a law about which the question of minority right is to be determined is a State law. A community, which is a minority in a specific area of the State though a majority in the State as a whole, would not be treated as a minority for the purpose of this article. A minority could not also be determined in relation to the entire population of the country. If the law that is questioned under Article 30(1) is a State law, the ”minorities” must be determined in relation to the population of the State. But the fact that the expression ”minorities” in Article 30(1) is used as distinct from ”any sections of citizens” in Article 29(1) lends support to the view that Article 30(1) deals with national minorities or minorities recognised in the context of the entire nation. In that case, however, Article 30(1) would become inapplicable to the national majority even if it is a minority in any particular State, for example, Hindus in Punjab or in Jammu and Kashmir. For that reason considering these factors an eleven-judge Bench of the court in T.M.A. Pai Foundation“ has held that in view of the past precedents as well as the fact that States have been organised on linguistic lines minority status shall be determined on the basis of State and not the whole of India: This applies both to linguistic as well as religious minorities. Transfer of education from State to concurrent legislative subject makes no difference in this regard. The same proposition has been reiterated in some of the later cases.”
REFERENCE:- V.N SUKHLA’S CONSTITUTION OF INDIA