CULTURAL AND EDUCATIONAL RIGHTS : ARTICLES 29-30

In today's blog, I am going to focus on certain 'cultural and educational rights' which are guaranteed by the Constitution of India. Article 29 and Article 30 creates two separate rights. Article 29 guarantees a general protection to any section of Indian citizens while Article 30 provides a special right to minorities. Let's try to understand these two important Articles in brief ...


CULTURAL AND EDUCATIONAL RIGHTS [Articles 29-30] 


Clause (1) of Article 29 guarantees the right to conserve language, script or culture to any section of the citizens residing in any part of India. According to Clause (2) of Article 29 on grounds only of religion, race, caste, language or any of them no person shall be denied admission into any educational institutions maintained by state or accepting aid out of State funds. Article 29 applies only to citizens of India. 

In S. P. Mittal v. Union of India, AIR 1983 SC 1, it was held that the taking over of the management of the Auroville or the Society did not violate Articles 29 and 30 of the Constitution as both were not religious denominations. 

DIFFERENCE BETWEEN ARTICLE 29(2) AND ARTICLE 15(1)  


Article 15(1) differs from Article 29(2) in many respects. Let's find out : 

(1) The protection of Article 15 extends against the State whereas Article 29 protects all citizens against the State or anybody else who denies the right conferred by it. 

(2) Article 15 guarantees protection to all citizens against discrimination generally whereas Article 29(2) provides protection against denial of admission into educational institutions. 

(3) Article 15 confers the right to all citizens whether they belong to the majority or minority groups whereas Article 29(2) confers a special right on citizens where they cannot be denied admission into any educational institutions maintained by state or accepting aid out of State funds.

(4) Article 15(1) is against discrimination on the basis of sex or place of birth, etc whereas these grounds are not mentioned in Article 29. 

(5) Article 15(1) applies to those cases also where Article 29(2) is not applicable as Article 15(1) is broader in scope whereas Article 29(2) is quite general and wide in terms. 

In State of Bombay v. Bombay Educational Society, AIR 1954 SC 561, the Supreme Court struck down an order of the Bombay Government denying admission into English Medium Schools solely on the ground of language to those whose language was not English. 

RIGHT OF MINORITIES TO ESTABLISH AND MANAGE EDUCATIONAL INSTITUTIONS [Article 30] 


Clause (1) of Article 30 guarantees the 'right to establish' and the 'right to administer' educational institutions to all linguistic and religious minorities of their own choice. According to Clause (2) of Article 30 the State shall not make any discrimination in the matter of grant of aid to any educational institution on the basis that it is managed by a religious minority group. 

In D. A. V. College, Bhatinda v. State of Punjab, AIR 1971 SC 1731, the Court held that the right of the minority to establish and administer educational institution of their choice includes the right to  choose the medium of instruction also. 


DISTINCTION BETWEEN ARTICLES 29(1) AND 30(1) 


Article 29(1) guarantees a general protection to sections of citizens to conserve their language, script or culture. Article 30 provides a special right to minorities to establish educational institutions of their choice. Let's find out the main difference between these two Articles : 
(1) Article 29(1) guarantees rights to any section of citizens whereas Article 30(1) confers the right of on minorities based on religion or language. 
(2) Article 29(1) is concerned with only three subjects, i.e., language, script or culture whereas Article 30(1) is concerned with minorities based on language or religion. 
(3) Article 29(1) deals with the right to conserve language, script or culture whereas Article 30(1) deals with the right of minorities to establish and administer educational institutions of their choice. 
(4) Article 29(1) does not deal with education as such whereas Article 30(1) deals only with establishment and administration of educational institutions. 

Articles 29 and 30 were inserted in the Constitution of India to give special protection and security to the minds of minorities and other religious communities and thus maintain integrity of the nation.


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