Explain the Fundamental Rights-Cultural and Educational Right(Article-29).

Explain the Fundamental Rights-Cultural and Educational Right(Article-29).

Protection of Interest of Minorities.

May 28, 2019.

The Fundamental Rights are enshrined in part III of the constitution from Article 12 to 35. In this regard, the framers of the constitution of the USA. Part III of the Constitution is rightly described as the Magna Carta of India. It contains a very long and comprehensive list of ‘ justiciable’ Fundamental Rights. In fact, the Fundamental Rights in our Constitution are more elaborate than those found in the constitution of any other country in the World, including the USA.

Article 29 provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same. Further, no citizen shall be denied admission in any educational institution maintained by the state or receiving aid out of state funds on grounds only of the religion, race, sex, creed, caste, or language.

The first provision protects the right of a group while the second provision guarantees the right of a citizen as an individual irrespective of the community to which he belongs.

Article 29 grants protection to both religious minorities as well as linguistic minorities. However, the Supreme Court held that the scope of this article is not necessarily restricted to minorities only, as it is commonly assumed to be. This is because of the use of words ‘section of citizens’ in the Article that include minorities as well as the majority.

The Supreme Court also held that the right to conserve the language includes the right to agitation for the protection of the language. Hence, the political speeches or promises made for the conservation of the language of a section of the citizens does not amount to corrupt practice under the Representation of the People Act, 1951.

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