Explain the Fundamental Rights-Cultural and Educational Right(Article-30).

Explain the Fundamental Rights-Cultural and Educational Right(Article-30).

Right of Minorities to Establish and Administer Educational Institutions.

May 28, 2019.

The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.

Article 30 grants the following rights to minorities, whether religious or linguistic: (a) All minorities shall have the right to establish and administer educational institutions of their choice. (b) The compensation amount fixed by the State for the compulsory acquisition of any property of a minority educational institution shall not restrict or abrogate the right guaranteed to them. This provision was added by the 44th Amendment Act of 1978 to protect the right of minorities in this regard. the Act deleted the right to property as a Fundamental Right (Article-31). (c) In granting aid, the state shall not discriminate against any educational institution managed by a minority.

Thus, the protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article-29). However, the term ‘minority’ has not been defined anywhere in the Constitution.

The right under Article-30 also includes the right of a minority to impart education to its children in its own language. Minority educational institutions are of three types: (a) institutions that seek recognition as well as aid from the state; (b) institutions that seek only recognition from the state and not aid; and (c) institutions that neither seek recognition nor aid from the state.

The institutions of first and second type are subject to the regulatory power of the state with regard to syllabus prescription, academic standards, discipline, sanitation, employment of teaching staff and so on. The institutions of third type are free to administer their affairs but subject to operation of general laws like contract law, labour law, industrial law, tax law, economic regulations, and so on.

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