CHAPTER 11

Cultural and Educational Rights

(Articles 29-30)

Article 29. Protection of interests of minorities

What are the cultural and educational rights?

(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.

(2) No citizen shall be denied admission into educational institution maintained by

the State or receiving aid out of State funds on ground only of religion, race, caste,
language or any of them."

Clause (1).-

Clause (1) gives protection to every section of the citizen having a distinct
language, script or culture by guaranteeing their right to conserve the same.
If such sections desires to preserve their own language and culture, the State
would not stand in their way. Article 29(1) includes the right to agitate for the
protection of the language. Making promises by a candidate to work for the
conservation of the electorate's language does not amount to a corrupt
practice.

The Supreme Court has emphasized that the purpose and object of the
linguistic States, which have now come to stay in India, is to provide greater
facility for the development of the people of the area educationally, socially
and culturally in the regional language. The concerned State or the University
has every right to provide for the education of the majority in the regional
medium.

D.A.V. College, Jullundur v. State of Punjab, MANU/SC/0039/1971 : AIR 1971

SC 1737: 1971 (Supp) SCR 688: (1971) 2 SCC 269. The Supreme Court
observed that this provision cannot be read as requiring the minority
institutions affiliated to the Guru Nanak University to teach in the Punjabi

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 language, or in any way impeding their right to conserve their language,
script and culture.

Clause (2).-

The right to admission into an educational institution is a right which an

individual citizen has as a citizen and not as a member of any community or
class of citizens.

State of Bombay v. Bombay Education Society, MANU/SC/0029/1954 : AIR

1954 SC 561: 1954 SCJ 678: 1955 SCR 568. An order issued by the Bombay
Government banning admission of those whose language was not English to a
school using English as a medium of instruction was declared invalid under
article 29(2).

Distinction between article 29(2) and article 15(1).-

Article 15(1) also prohibits discrimination on ground of religion, race, sex,

caste or place of birth. There are, however, significant differences between
article 15(1) and article 29(2). While article 15(1) protects all citizens against
discrimination by the State on the grounds stated therein, article 29(2)
extends protection against the State, or anybody else, who denies the right
conferred by it. Article 15(1) prohibits discrimination on the grounds of sex or
place of birth whereas article 29(2) does not mention these grounds.

Article 30. Right of minorities to establish and administer educational institution

Define the rights of minorities with the help of cases

(1) All minorities, whether based on religion or language, shall have the right to
establish and administer educational institution of their choice.

(1A) In making any law providing for the 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.

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 (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
a minority, whether based on religion or language.

The expression 'minority' in article 30 remains undefined though the Court has
observed that it refers to any community which is numerically less than 50 per cent.
of the population of a particular State as a whole when a law in consideration of
which the question of minority right is to be determined is a State law.

D.A.V. College, Bhatinda v. State of Punjab, MANU/SC/0038/1971 : AIR 1971 SC

1731: 1971 (Supp) SCR 677: (1971) 2 SCC 269. The University declared that
Punjabi would be the sole medium of instruction in the affiliated colleges. The Court
held that the right of the minority to establish and administer educational institutions
of their choice includes the right to have a choice of medium of instruction also.

State of Bihar v. Syed Asad Raza, MANU/SC/0616/1997 : AIR 1997 SC 2425: 1997
AIR SCW 2339: JT 1997 (5) SC 97: MANU/SC/0616/1997 : (1997) 11 SCC 442:
1997 (2) SCJ 304: (1997) 3 SCR 658: (1997) 3 SCALE 723: 1997 (4) Supreme 587.
It has been held that for creation of post in a minority institution for appointment,
prior approval of the vice-chancellor is not necessary and the persons so appointed
would be entitled to grant-in-aid.

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