Article 29 and 30 of indian constitution pdf
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- What is Article 30 of the Indian Constitution
- Article 29 and 30 of the Constitution of India
- Cultural and Educational Rights (Articles 29-30) | Explained
Constitution Distribution of Revenues No.
This right secures to religious and linguistic minorities a right to establish and administer educational institutions of their choice. Whenever, therefore, a group seeks its protection by challenging a law or executive action before a court, the foremost question that the court must dispose of a preliminary step is whether the group seeking protection is in fact a minority definable in terms of the article. The probe would require an enquiry into two questions, i What is a minority?
What is Article 30 of the Indian Constitution
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. The meaning of diversity has different connotations such as geographical, religious, linguistic, racial and cultural. To say India is linguistically diverse is not an exaggeration or any subjective thing.
According to the 8th Schedule of the Indian Constitution , it recognizes 22 languages, which are:. Jamia Millia Islamia and Aligarh Muslim University are the prominent examples of minority educational institutions.
These two articles confer four distinct rights. Article 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.
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. Article 29 2 is an individual right given to citizen and not to any community.
The present clause gives an aggrieved person, who has been denied admission on the ground of his religion. 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. Article 30 1 is further divided into two parts, that is:. To claim the benefit under article 30 1 it is not necessary-. In the case of Azeez Basha v. In the case of Dr. Naresh Agarwal v.
Union of India and held that AMU is not a minority institution and struck down the amendment which was made in the favor of Aligarh Muslim University. Supreme Court through J. A similar judgment was passed by the Kerala High Court in the case of A.
M Patroni v. For the purpose of article 30 1 a community may constitute a minority based on language, even though they may not have a separate script ; it would be enough if they have a separate spoken language. It is open to a university to impose reasonable conditions upon a minority institution for maintaining the requisite educational standard and efficiency like-.
In State of Bombay v. A minority like the Anglo Indian community, which is based, inter-alia, on religion and language has the fundamental right to conserve its language, script and culture under Article 29 1 and has the right to establish and administer educational institution of their choice under Article 30 1 5 surely then there must be implicit in the fundamental right, the right to impart instruction in their own institutions to children of their own community in then own language…….
In St. University of Delhi 14 , the preference is given to Christian students by St. The Supreme Court by the majority of 1 to 4 held that the college is not bound to follow the university circulars as it will deprive the college of their minority character. The right to select students for admission is an important facet of administration.
This power also can be regulated but the regulation must be reasonable and should be conducive to the minority institutions. The impugned directive of the university to select students on the uniform basis of marks secured in the qualifying examinations would deny the right to the college to admit students belonging to the Christian community.
Unless some concession is provided to the Christian students The court decided the two categories for the selection process:. But in T. A Pai Foundation v. The procedure adopted or selection made should not tantamount to maladministration. The court also overruled the decision in St.
The court has now granted the power to the state to fix quotas for minority students. Justice Nariman, who authored the judgment, said the NCMEI Act grants the Commission to act upon all the queries relating to the status of a minority institution.
On 22nd February National Commission for Minority Educational Institution NCMEI has declared Jamia Millia Islamia a religious minority institution and that the university will have the benefit of being a minority institution under article 29 and article 30 of the Constitution. On 5th March , an affidavit is filed by the incumbent Government in the Delhi High Court regarding the minority status of Jamia Millia Islamia where they cited the case of Azeez Basha v.
Union of India to justify their stand, in which the apex court held that university incorporated under the act of parliament cannot be claimed as a minority institution. The affidavit concludes that JMI is not a minority institution as it was set up by the Act of Parliament and funded by the central government and it was not set up by any minority sect. The minority status is not only dependant on the basis of religion but also on linguistic minorities. These provisions are inserted in the constitution so that minorities can also preserve and develop their culture.
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Article 29 and 30 of the Constitution of India
Wednesday, 10, Mar, Search Now. Category SideBar. Article 4 Constitution of India: Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters. Article 7 Constitution of India: Rights of citizenship of certain migrants to Pakistan.
In this article, you can read all about Article 29 and Article 30 of Indian Constitution. Cultural & Educational Rights – Indian Polity: Download PDF Here.
Cultural and Educational Rights (Articles 29-30) | Explained
First Amendment of the Constitution Act, [Extended to conflicts in which the State is not a participant the provision for a state of emergency to secure the public safety and preservation of the State in time of war or armed rebellion. Second Amendment of the Constitution Act, [An omnibus proposal, covering a range of disparate Articles, aimed at tidying up the Constitution in the light of experience since its enactment. Fifth Amendment of the Constitution Act, [Removed from the Constitution the special position of the Catholic Church and the recognition of other named religious denominations. Sixth Amendment of the Constitution Adoption Act, [Ensured that adoption orders made by the Adoption Board could not be declared invalid because they were not made by a court. Eighth Amendment of the Constitution Act, [Acknowledged the right to life of the unborn, with due regard to the equal right to life of the mother.
Article 30 of the Indian constitution grants many rights to the religious or linguistic minorities in the country. Some social media posts are creating confusion about the provisions of this article. These posts claim that article 30A prohibits the teachings of Bhagvat Gita, Vedas and Puranas in the Indian schools while article 30 allows the teaching of the Quran, the Hadis in the Madarsa.
Ancient India is considered to be a land of minorities from previous times which consists of various groups- racial, religious, linguistic and cultural. In India, people were divided by difference of religion, language, race, culture and socio-economic factors. It has now taken such root in India that it has become the prime source of inequality. The main purpose of the study is to deal with the present scenario of the minority groups.
The Constitution of India gives to its citizens various rights and states the various duties that they should perform as being citizens of India. Article 29 — Protection of Interests of Minorities states:. The statements of the above-mentioned articles are just the tip of the iceberg of bestowing, protecting and administering cultural and educational rights of the notified Indian minorities. The main aim of these articles is to provide a better education and to attain secularism in the broader sense by aiding the minorities to raise their level and build a better life. One must keep in mind the socio-economic, political and historical background of the minorities and hence Articles 29 and 30 of the Indian Constitution help the minorities and is not a method of furthering the interests of the minorities over the other sections of the society. This article deals with the protection of the culture, script and language of the minorities of the country. To support this article, enshrined in the Constitution is Article A as well.
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