Introduction

Articles 29 and 30 of the Constitution of India, 1950 (COI) confer certain rights on the minorities with the objective of recognition and preservation of the different types of people with diverse languages and different beliefs which constitute the essence of secularism in India.

Article 29 of COI

• This Article deals with the protection of interests of minorities. It states that-

(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.

(2) 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.

• This Article applies to the citizens only.
• The right to conserve means the right to preserve or the right to maintain. It also includes the right to work for one’s own language, script or culture and to agitate for the same.
• To claim this right, the following conditions must be satisfied:
  • The right can be claimed by any section of citizens.
  • That section of citizens must be residing in the territory of India.
  • That section of citizens must have a distinct language, script and culture of its own.
• This right may be exercised by setting up educational institutes and by imparting instructions to the children of their own community on their own language.

Article 30, COI

• This Article deals with the right of minorities to establish and administer educational institutions. It states that—

(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 grounds that it is under the management of a minority, whether based on religion or language.

• It applies to both citizens and non-citizens.
• This Article is confined only to minorities, religious or linguistics and does not extend to any section of citizens as under Article 29 of the COI.
• Article 30(1A) was added by the 44^th Constitutional Amendment Act of 1978 to protect the rights of minorities.

Case Laws

• Jagdev Singh Sidhanti v. Partap Singh (1965), the Supreme Court held that the right to conserve granted under Article 29(1) of the COI includes the freedom to agitate for the protection of their language, meaning political region.
• Ahmedabad St. Xavier’s College Society v. State of Gujarat (1974), the Supreme Court held that even majorities could claim protection under Article 29 of the COI, even though the term minorities is mentioned in the title of the provision
• Joynal Abunil v. State (1990) the Supreme Court summarized the provisions under Article 30 of the COI as:
  • Freedom to establish
  • Freedom to administer an educational institution of their own choice.