T. M. A. Pai Foundation Case (2002)

Supreme Court Judgement:

• Clarification of Minority Rights: The judgement provided clarity on the rights of minority educational institutions, both aided and unaided, under Article 30 of the Constitution.

• State-wise Consideration: It established that for determining minority status, the unit would be the State and not the entire country. This ensured that linguistic and religious minorities were treated on par at the state level.

• Autonomy in Admission: Unaided minority educational institutions were granted autonomy in admissions, barring regulatory measures related to academic standards. This ensured that these institutions could maintain their distinct character and identity.

• Balancing Autonomy and Regulation: While affirming the right of minority institutions to administer themselves, the judgement also recognized the need for regulatory measures to maintain educational standards and excellence.

• Impact on Aid: The judgement clarified that once a minority institution receives aid, it would be subject to Article 29(2), preventing it from denying admission to any citizen based on religion, race, caste, or language.

Impact of the Judgement:

• Legislative Response: The judgement prompted the enactment of the 93rd Amendment Act (2005), which introduced a new Clause (5) in Article 15 of the Constitution. This clause empowered the state to make special provisions for the advancement of socially and educationally backward classes, as well as scheduled castes and tribes, regarding their admission to educational institutions.

• Inclusion of Private Institutions: The amendment expanded the scope of affirmative action to include private educational institutions, both aided and unaided by the state. This allowed for targeted measures to address the educational needs of marginalized communities.

• Exclusion of Minority Institutions: However, the amendment explicitly exempted minority educational institutions under Article 30(1) from these provisions. This ensured that these institutions could maintain their autonomy in admission processes and administration while still fulfilling their mandate to serve minority communities.

• Addressing Judicial Interpretations: The enactment of the 93rd Amendment Act aimed to address the effects of judicial interpretations, such as those in the TMA Pai Foundation and P.A. Inamdar cases