ABSTRACT

TOPIC: Cultural and educational rights. Art. 29 and Art.30

Articles 29 and 30 of the Constitution are grouped under the heading "Cultural and
Educational rights". These both Articles protect and guarantee certain collective rights for the
minorities to help them preserve their language, religion and culture. These rights also contribute
to preserve the rich diversity of the country and give minority a sense of security. Over the
decades, the interplay of these two Articles has been the cause of intense debate, Firstly,
touching on issues such as secularism and secondly, the degree of control over private
educational institutions maintained by the State or receiving aid out of State funds; on grounds
only of religion, race, caste, language or any of them. This chapter begins with the discussion of
rights guaranteed under Articles 29 and 30 of the Constitution of India. Further it discusses
judicial approach relating to each Sub Clause of Articles 29 and 30. Subsequently, the researcher
has discussed the judicial interpretation relating to the relation between Articles i.e. 29 and 30.

In this project the researcher would like to deal with the following concepts:

 Distinction between Art 29 (2) and Art. 15 (1)

 The right given to minorities to manage and establish educational institutions.
 The 44th Amendment of The Constitution Act, 1978
 Relation between Art. 29(1) and Art. 30(1) of The constitution of India
 Admission of students and qualification of teachers in unaided and aided minority run
educational institutions.
 Who is minority?
 Right of non minorities to run educational institutions.
 Reservation, admission procedure, fee structure and capitation

The researcher would also like to deal with various case laws for a better analysis of the project.
In this project the following case laws are also completely analyzed. they are:
 1. Unni Krishnan and Setphen's decision.
2. T.M.A.Pai Foundation Decision
3. P.A. Inamdar V. State of Maharashtra

Along with these cases these cases other relevant cases will also be included and citied where
ever required in the course of the project work. The over ruled or partly overruled judgments are
also included along with the reason for such a happening in the relevant cases.

NAME: V. Krithi Sahithya

ROLL NUMBER: 18LLB092

SEMESTER: 3