5 Right to Establish and Administer Educational Institution click aboveĪrticle 30(1) is further divided into two parts, that is: Right to establish If a person has the academic qualifications but is refused admission only on the grounds of religion, race, caste, language or any of them, then there is a clear breach of the fundamental right under this section. The present clause gives an aggrieved person, who has been denied admission on the ground of his religion. Restrictions on the ground of religion, race, caste or languageĪrticle 29(2) is an individual right given to citizen and not to any community. It is an absolute right for the minorities to preserve its language and culture through educational institutions and cannot be subject to reasonable restrictions in the interest of the general public. To preserve language, script, and cultureĪrticle 29(1) extends to all the citizens irrespective of the fact whether they are in majority or minority, the only condition being that such section must have a distinct language, script or culture of its own. The Right of an educational institution not to be discriminated against in the matter of State aid on the ground that it is under the management of a minority -“ 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.The Right of all the religious or linguistic minorities to establish and administer educational institutions of their own choice -“ All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.The Right of a citizen not to be denied admission into state maintained and state-aided institution on the ground only of religion, race, caste, or language -” No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them ”.The Right of citizens to conserve its language, script or culture 1 – “ Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same ”.These two articles confer four distinct rights. The Scope of Article 29 and 30 of the Constitution Jamia Millia Islamia and Aligarh Muslim University are the prominent examples of minority educational institutions. According to the 8th Schedule of the Indian Constitution, it recognizes 22 languages, which are:Ī linguistic or religious minority community can conserve its language and culture through educational institutions but “no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them 1 ”. To say India is linguistically diverse is not an exaggeration or any subjective thing. The meaning of diversity has different connotations such as geographical, religious, linguistic, racial and cultural. India is a dynamic constitutional democracy with a feature of accommodating pluralism in thought and language so as to preserve cohesiveness and unity in diversity. In this article, Ana Khan of Jamia Milia Islamia discusses Article 29 and 30 of the Indian Constitution.
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