The document discusses minority rights in India. It defines minorities as groups differentiated by religion, nationality, language or culture that see themselves and are seen by others as distinct within society. The constitution guarantees minorities several rights, including cultural and educational rights. Specifically, it protects minorities' right to conserve their own language, script and culture (Article 29) and establishes and administers their own educational institutions (Article 30). However, minority institutions must still adhere to reasonable regulations regarding curriculum, admissions and management. The document outlines various court cases that have interpreted and applied these constitutional rights.

1. MINORITY
RIGHTS IN
INDIA

2. INTRODUCTION:
• India is a land of myriad ethnic, religious, caste and linguistic
minorities affiliated to distinct belief system, sub-cultures and
regions.
• Despite the several efforts by the govt. to improve the condition of
the minority, constitutional guaranteed rights, different institutions
and commissions established to monitor, the system has lacked and
minority faces discrimination, violence and atrocities.
• Gujarat riots where more than 2000 muslims were killed; Indira
Gandhi assassination led to murder of 3000 sikhs in delhi; atrocities
against dalits in bihar , Jharkhand, Maharashtra, goa, and in north
eastern part of India is very common.
• The purpose to guarantee these rights and to distinguish them from
majority was not for creating such discrimination but was to make
them able to diffuse them with the majority.
• Even the foreigner residing in India and forming the well defined
religious and linguistic minority also fall under the preview of this
article.

3. What is minority?
• According to the International Encyclopedia of social sciences that
contemporary sociologist generally define a minority as a group of
people - differentiated from other in the same society by race,
nationality, religion, or language- who both think of themselves as a
differentiated group and are thought of by the others as a differentiated
group with negative connotations. . Thus minority group of people are
those with distinct in race, religion, language or nationality from other
members of the society in which they live
• The U.N sub commission on prevention of discrimination and
protection of minorities has defined minority as under:
1. The term minority includes only those non documents groups of
population which possess and wish to preserve stable ethnic, religious
or linguistic traditions or characteristics markedly different from those
of the rest population;
2. Such minorities should properly include the number of persons
sufficient by themselves to preserve such traditions or characteristics;
&
3. Such minorities should be loyal to the states of which they are
nationals

4. • The constitution uses the term ‘minority’ without defining it.
• Art. 30(1) uses the term ‘linguistic’ or ‘religious’ minorities. The
word or means that a minority may either be linguistic or religious
and that it does not have to be both, it is sufficient if it is any one of
them.
• How to determine: if a state law extending to the whole of a state is
in question, the minority must be determined with reference to the
entire state population for purpose of art. 30(1).
• State : community < 50% of entire state population.
• National : community < 50% of entire national population.

5. MINORITY RIGHTS:
• Minority rights are the normal individual rights as applied to members
of racial, ethnic, class, religious, linguistic or sexual minorities; and also
the collective rights accorded to minority groups.
• Minorities in India: According to National commission of minorities,
members from following six religion belong to religious minorities
1. Muslims
2. Christians
3. Sikhs
4. Buddhists
5. Zoroastrians (parsis)
6. Jains
• Minority rights are important because minorities are numerically less,
hence they are vulnerable. Because majority can easily abuse minority.
• If a state can ensure minority rights it means every other person in
majority also enjoys the rights.

6. • At international level, Art. 27 of International Covenant on Civil
& Political Rights (ICCPR), says that the states in which the ethnic,
religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right, in community with the
other members of their groups, to enjoy their own culture, to profess
& practice their own religion, or to use their own language.
• United Nations (UN) promulgated the declaration on rights of
minorities proclaiming that “ States shall protect the existence of the
national or ethnic, cultural, religious and linguistic identity of
minorities within their respective territories and encourage
conditions for the promotion of that identity.”
• Minority rights in India: the constitution of India guarantees
different rights to minorities. These are cultural and educational
rights which have been guaranteed under article 29 and 30.

7. Article 29 protection of interests of minorities:
• 29(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.
• The application of the article is upon person having a distinct
language, script or culture of its own and it takes into the
consideration 2 types of minorities one linguistic and other religious
minority.
• Under art 29(1) any school or university can promote education in
regional language as far as it is done for minor and language of the
minor .

8. • 29(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 is wide and unqualified. It confers a special right not on
the minority but to the majority also for the admission in the state
maintained or aided educational institutions.
• Thus it is very clear through this provision that in any case no one
can discriminate on the ground of the language, caste or religion,
whether it is state maintained education institute or private aided
institute.

9. • InCase State of Bombay v Bombay Education Society’s
AIR 1954 SC 561:
Supreme court held that limiting this right only to
minority groups will amount to holding that the citizens of
the majority group have no right to be admitted into an
educational institution for the maintenance of which they
contribute by the way of taxes.
• In Ravneet Kaur v Christian Medical College,
Ludhiana’s Case AIR 1998 P&H 1 :
SC Court held that a private institution receiving aid from
the State cannot discriminate on grounds of religion, caste,
race language or any of them.

10. • D. A.V College Jullunder v State of Punjab’s case AIR 1971 SC
1737:
The Supreme Court rejected the argument saying that there is no
mandate in the provision compelling affiliated colleges either to study
the religious teachings of Guru Nanak, or to adopt in any way the
culture of the Sikhs. If the University makes provision for an academic
and philosophical study and research on the life and teachings of a
saint, it cannot be said that the affiliated colleges are being required to
compulsorily study his life and teachings.
• In State of Madras v Champakam’s Case, AIR 1951 SC 226:
The Supreme Court held that the classification in the Government
order was based on religion, race and caste which were inconsistent
with Article 29(2). Even though the petitioner had got much higher
marks than secured by many non-brahmins who were admitted in the
seats allotted to them, he could not be admitted into any institution.
The only reason for the denial of admission to him was that he was a
Brahmin and not a non- Brahmin.

11. Article 30: right of minorities to establish and administer
educational institution:
• 30(1): all minorities, whether based on religion or language, shall
have the right to establish and administer educational institution of
their choice.
• The benefit of art. 30(1) extends only to linguistic or religious
minorities and not to any other section of the Indian citizen. Article
here states linguistic and religious minority. Here minority means
that community which is less than 50% of the total population with
the respect of the population of the state.
• The words in the article administer and establish in art. 30(1) have
to be read together. This means that the religious minority will have
the right to establish the educational institution and also can
administer it.
• If it is established by other community or by any other person then
they cannot claim the right under this article.

12. • 30(1-A): In making any law providing for 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.
• The minorities have the right to get the compensation for the
compulsory acquisition of any property of an educational institution
established by them.
• art. 30(1-A) was added in 1978 by 44th amendment to the
constitution of India. this art. became necessary because art.31 was
being abrogated from the constitution.

13. • 30(2): the state shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that
it is under the management of minority, whether based on religion
or language.
• Art.30(2) says the state, govt. aided educational institute should not
be discriminated by the states on the ground that it is under the
management of minority, whether based on religion or language.
• Minority educational institutes are entitled to get financial
assistance much the same way as the educational institutions run by
the majority community. This does not mean that the minority
educational institutions can claim state as a matter of right. But
there should not be discrimination while providing financial
assistance.

14. • In re Kerala Education Bill case AIR 1958 SC 956:
Supreme Court held that Article 30(1) covers institutions imparting general
secular education. The object of Article 30(1) is to enable children of linguistic
and religious minorities to go out in the world fully equipped. Protection
guaranteed to minority under Article 30 is To preserve and strengthen the
integrity and unity of the country. The sphere of general secular education will
develop the commonness among the students of the country. This is in true
spirit of liberty, equality, and fraternity through the medium of education. The
minorities will feel isolated and separated if they are not given the protection
under Article 30.
• Rt. Rev Mark Netto v State of Kerala (1979) 1 SCC 23:
permission to admit girl students in Catholic Mission High School in which, as
a matter of fact, only boy students were admitted for last more than 25 years
was refused - although there was already in existence a facility for education of
girls in locality (Muslim Girls High School) the Supreme Court held that refusal
by Regional Deputy Director of Public Instruction to admit girl students was
violative of Article 30(1). The principle that can be deduced from these
decisions is that Article 30(1) is absolute in terms and said right cannot be
whittled down by regulatory measures conceived in the interest not of minority
institutions but of the public or the nation as a whole.

15. • In Ahmedabad St. Xavier’s College v State of Gujarat AIR 1974 SC
1389:
The question for consideration is whether the minorities based on
religion or language have the right to establish and administer
educational institutions for imparting general secular education within
the meaning of Art. 30 of the Constitution., Supreme Court has pointed
out that the spirit behind Article 30(1) is the conscience of the nation
that the minorities, religious as well as linguistic, are not prohibited
from establishing and administrating educational institutions of their
choice for the purpose of giving their children the best general
education so as to make them complete men and women of the
country.

16. Government Regulations:
• The minority institutions are given a right to establish and
administer the educational institutions but they are not absolutely
free from the regulations of the State, they are to be controlled to
keep a check on maladministration practices.
• This control is shown in the case St. Stephens College v. University of
Delhi where it is stated that the “State has the full authority to
intervene and make regulations which serves the interests of
students and teacher. The minority institution cannot claim
immunity against the general pattern of education. And also
discrimination in admission of students cannot be done on the basis
of community, the admission should be made on the basis of merits
irrespective of the other facts”

17. • Honorable Supreme Court in P.A. Inamdar vs. State of Maharashtra laid
down the general principles relating to establishment and administration of
educational institution by minorities that may be summarized as:
1. The right of minorities to establish and administer educational institutions of
their choice is guaranteed under Article 30(1) subject to the regulatory power of
the State for maintaining and facilitating the excellence of educational
standard. The quality of education imparted cannot be compromised which is
expected out of educational institutions.
2. The regulations made by the statutory authorities should not impinge upon the
minority character of the institution. The regulations must satisfy a dual test
that it is regulative of the educational character of the institution and is
conducive to making the institution an effective vehicle of education for the
minority community or other persons who resort to it.
3. All laws made by the State to regulate the administration of educational
institutions, and grant-in-aid, will apply to minority educational institutions
also. But if any such law or regulations interfere with the overall administrative
control by the management over the staff, or abridges/ dilutes in any other
manner, the right to establish and administer educational institutions, such law
or regulations would be inapplicable to minority institutions.

18. 4. The general laws of the land relating to national interest, national security, social welfare, public
order, morality, health, sanitation, taxation etc. applicable to all, will equally apply to minority
educational institutions also.
5. The fundamental right guaranteed under Article 30(1) is intended to be effective and should not be
cut down by any administrative exigency. No inconvenience or difficulties, administrative and
financial, can justify infringement of the fundamental right.
6. Receipt of aid does not alter the nature or character of the minority educational institution
receiving aid. Article 30(1) clearly implies that any grant that is given by the State to the minority
educational institution cannot have such conditions attached to it which will in any way dilute or
abridge the rights of the minorities to establish and administer educational institutions. But the
State can lay down reasonable conditions for obtaining grant-in-aid and for its proper utilization.
7. The State can regulate the service conditions of the employees of the minority educational
institutions to ensure quality of education. Any law intended to regulate service conditions of
employees of educational institutions will apply to minority educational institutions also, provided
that such law does not interfere with the overall administrative control of the managements over
the staff. The State can introduce a mechanism for redressal of the grievances of the employees.
8. The right of minorities to establish and administer educational institutions of their choice
comprises the following rights:
• to choose its governing body in who the founders of the institution have faith and confidence to
conduct and manage the affairs of the institution
• to appoint teachers and non-teaching staff.
• To admit the students of its community. Non-minority students cannot be forced upon it.
• To receive a reasonable fee structure of it’s own. To take disciplinary action against any member of
it’s erring staff.

19. Right to establish a Minority Educational Institution:-
• The National Commission for Minority Educational Institutions Act 2004 (2 of 2005) as
amended by the NCMEI (Amendment Act 2006) lays down rights of Minority Educational
Institutions as under:-
• Any person who desires to establish a Minority Institution may apply to the Competent authority
for the grant of no objection certificate for the said purpose.
• The Competent authority shall:-
o On perusal of documents, affidavits or other evidence, if any; and
o After giving an opportunity of being heard to the applicant, decide every application filed
under sub-section (1) as expeditiously as possible and grant or reject the application, as the
case may be:
Provided that where an application is rejected, the Competent authority shall communicate
the same to the applicant.
• Where within a period of ninety days from the receipt of the application under sub-section (1) for
the grant of no objection certificate:-
o The Competent authority does not grant such certificate; or
o Where an application has been rejected and the same has not been communicated to the
person who has applied for the grant of such certificate,
It shall be deemed that the Competent authority has granted a no objection certificate to the
applicant.

20. CONSTITUTIONAL SAFEGUARDS AND MINORITIES:
• In order to safe guard the right of minorities, along with the General
provisions; following rights have been made specifically:
1. Right to Equality: Prohibition of discrimination on ground of religion,
race. Caste etc. [Article 14, 15, 16, 17].
2. Freedoms of Conscience, Free Profession, Practice and Propagation of
Religion [Article25]
3. Freedom to Manage Religious Affairs [Article26].
4. Freedom as to payment of taxes for promotion of any particular
religion [Article27]
5. Facilities for instruction in mother-tongue at primary Stage [Article350
A]
6. Special officer for linguistic minorities [Article 350-B]

21. PURPOSE OF GRANTING CULTURAL AND
EDUCATIONAL RIGHT:
• India being a secular state, to maintain it & let the minority mix with the main
stream society. And it can also help in the development of the country.
• Other reason is that India is the country of diverse cultures, & everybody is
equal. Hence they have the equal opportunity to preserve it.
• The minorities have been given protection to preserve and strengthen the
integrity of the country. The minority will feel isolated and separated if they
are not given these rights.
• General secular education will open doors of perception and act as the natural
light of mind for our countrymen to live in the whole. This is the true spirit of
liberty, equality and fraternity through medium of education.
• The rights to administer have been given to the minority, so that it can mold
the institution as it thinks fit, and in accordance with its idea as to how the
interest of community in general, and institution in particular, will be best
served.

22. Conclusion:
• In the light of all these factors, and in view of the importance which
the Constitution attaches to protective measures to minorities , the
minority aided educational institutions are entitled to prefer their
community candidates to maintain the minority character of their
institutions subject to, of course, in conformity with the university
standard. The State may regulate the intake in this category with
due regard to the need of the community in the area which the
institution is intended to serve. But in no case such intake shall
exceed 50 per cent of the annual admission. The minority
institutions shall make available at least 50 per cent of the annual
admission to members of communities other then the minority
community.
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