WHY ARTICLE 30 IS A TRENDING TOPIC ON TWITTER?

In this blog, I am going to write about Article 30 of the Constitution of India which is indeed an important Article. So, as we all know that for the welfare of minorities in India, the Constitution of India provides certain fundamental rights and directive principles. Article 30 comes under Part lll of the Indian Constitution. This article talks about fundamental rights given to the citizens irrespective of caste, religion, and sex. 



ARTICLE 30


"Art. 30(1) leaves it to the choice of minority to establish such educational institutions as will serve both purposes, namely, conserving their culture, language or religion, and providing education to their children in their own language. Clause (2) of Art. 30 prohibits the State from making discrimination in the matter of assistance to any educational institution". 

A group of people who faces various disadvantages in comparison with the members of majority class. This is a well known definition of the term "Minority". It's not legally defined in the Constitution of India. 

Thus, religious and linguistic minorities will be considered state wise who have been put on par under Article 30, laid down by the Supreme Court in the case of T.M.A. Pai Foundation v State, AIR 2003. 

So, the word ‘establish’ in Article 30(1), means that the institution has to come into existence. 

In the establishment of the institution under Article 30(1) the involvement of the whole minority community is not required. An institution established by the minority will come under Article 30(1) of the Indian Constitution, the court held in the case of AM Patroni v Asst. Educational Officer AIR 1974 Ker 197.

Also, that minority community can administer the institution as it thinks fit. 

Article 30 (2) states that while granting assistance, the government should not discriminate against educational institutions of minorities. 

It was held in many cases that there should be no restrictions imposed by the government. In the functioning of the institutions, there will be no interference by the government as it will lead to the violation of the rights of the minorities guaranteed under the Article 30 Indian Constitution.

To ensure that the institutions will never misuse their rights and exploit the rights of other people, regular checks and control should be there by the Government on the minority institutions and also for maintaining the academic status and standards required. 



Article 30 protects the rights of minorities but it denies equal position to the majority. 

The minority institutions are spared from the implementation of reservation policy for backward castes. 

The government cannot interrupt even in cases of mismanagement, carelessness, failure, negligence. 

The main focus of Article 30 is the protection of the educational and cultural rights of the minorities. It sets out a tolerating behavior of government towards the minority institutions. As compared to non-minority institutions, Government control, and regular check-up is zero in the workings of the minority institutions. Non- minority institutions have no right to manage their institutions and work according to their ideas as they have to face a lot of control. The motive behind Article 30 was only to provide the minority communities equal status and treatment.

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