Article 29 and Article 30 of the Indian Constitution provide protections for the interests of minorities.
Article 29: Protection of Interests of Minorities
- Right to Conserve Culture: Citizens who belong to a distinct group with their own language, script, or culture have the right to preserve their culture.
- Right to Access Education: No citizen can be denied admission to any educational institution maintained by the State or receiving aid from the State based solely on their religion, race, caste, or language.
- Group and Individual Rights: The first provision of the article protects the rights of a group, while the second provision protects the rights of individual citizens.
- Broader Scope: The Supreme Court held that the article's scope includes both minority and majority groups, not just minorities.
Article 30: Right of Minorities to Establish and Administer Educational Institutions
- Right to Establish and Manage Institutions: Religious and linguistic minorities have the right to establish and manage educational institutions of their choice.
- Protection of Property Rights: When a minority institution's property is compulsorily acquired, the compensation amount set by the State should not infringe upon the rights guaranteed to the minority group.
- Protection against Discrimination: The State cannot discriminate against educational institutions managed by a minority group when providing aid.
- Minority Definition: The Constitution does not define the term "minority," but it refers to both religious and linguistic minorities.
- Right to Impart Education: The right under Article 30 includes the ability of a minority group to provide education to its children in its own language.
These articles protect the rights of minorities in India, allowing them to preserve their cultural identity and establish and manage educational institutions in accordance with their beliefs.
