Only for CITIZENS

ARTICLE 29

29 (1) 29 (2)
Right to No discrimination in
conserve educational
Language, institution maintained
by the State or
Script and receiving aid out of
Culture State funds
 Right to No discrimination in
conserve educational
institution maintained by the
Language, script State or receiving aid out of
and culture State funds

Protects the
right of Individual
a group.
 Article 29 grants protection to both religious
minorities as well as linguistic minorities.

Supreme Court - Scope of this article is not necessarily restricted

to minorities only, as it is commonly assumed to be.

‘Section of citizens’ in the Article that includes minorities as well

as the majority.

Right to conserve the language includes the Right to agitate (By

maintaining Law and Order) for the protection of the language.
Article 29 Constitution of India: Protection of interests of
minorities

(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 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.
Q ) Article 29 (2) protects from Discrimination on the
baisis of

1. Language
2. Place of Birth a)1,3,4,6
3. Sex/Gender b)1,4,6,7
4. Religion c)2,3,5,6
5. Region d)1,3,5,7
6. Caste
7. Race
Option- B

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
Q ) With respect to minority institutions, which of the following
is correct?

(a) The protection of article 29 is available to Indian citizens only.

(b) State can not acquire the property of a minority educational

institution in any circumstances.

(c) The institution that neither seeks recognition nor aid from the
State is not a minority institution.

(d) State can not regulate the syllabus of such an institution if it is

funded partially by the state.
 Option -A
•As per the 42nd Constitutional Amendment. If such institutions have been
acquired by the government, then the government is duly bound to give the
appropriate compensation to the institution. Hence, option (b) is incorrect
•The following are the types of minority educational institutions:
• Institutions that seek aid and recognition from the State.
• Institutions that only seek recognition and not aid from the State.
• Institutions that neither seek recognition nor aid from the State.
• Therefore, option (c) is incorrect
•The first two types of educational institutions are regulated by the State by
controlling their - Syllabus, academic standard, discipline, employment of teaching
staff, etc. So, option (d) is incorrect
•Article 29(1): provides that the citizens of India who reside in India having a
distinct culture, language, and script, shall have the right to conserve their culture
and language. This right is only available to Indian citizens only. So, option (a) is
correct.
Right of Minorities to establish and administer educational institutions
 Article 30 Also known as the “Charter of
Educational Rights”

Rights to minorities, • Right to establish and administer

whether religious educational institutions of their choice.
or linguistic
• In granting aid, the State shall not
discriminate against any educational
institution managed by a minority.
• The compensation amount fixed
by the State for the compulsory
acquisition of any property of a
minority educational institution shall
not restrict or abrogate the right
guaranteed to them.

• This provision was added by the

44th Amendment Act of 1978 to
protect the right of minorities in this
regard. The Amendment Act
deleted the right to property as a
Fundamental Right (Article 31)
 Article
Article 30
29

To Both Minorities Only to minorities

and Majorities (religious or linguistic)
(All CITIZENS ) (CITIZENS)
 Minority educational institutions
are of three types :

• Institutions that seek • Institutions that seek • Institutions that

recognition as well as only recognition from neither seek
aid from the State recognition nor
the State and not aid
aid from the
State

Article 30
Secretary of Malankara Syrian
Catholic College case (2007)

Summarized the general

principles relating to
establishment and
administration of minority
educational institutions
(5 Principles)
1) Right of minorities to establish and administer
educational institutions of their choice

• Choose its governing body and manage

the affairs
• Appoint teaching staff and non-
teaching staff
• Admit eligible students of their choice
and to set up a reasonable fee structure
• Use its properties and assets for the
benefit of the institution
2 ) Ensure equality with the majority and not intended to place
the minorities in a more advantageous position.

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 institutions also.
3. The right to establish and administer
educational institutions is not absolute.

Nor does it include the right to maladminister

4)The unaided minority educational
institutions will have the freedom to appoint
teachers/lecturers by adopting any rational
procedure.
5) The conditions can be imposed by the State
to ensure proper utilization of the aid, without
however diluting or abridging their right.
 Constitutional Journey from
Article 19(1) (F) to Article 31

Everyone has the right

to Acquire, hold and No one can be deprived
of their Property
dispose of property.

Repealed by 44th Amendment

Act,1978

Fundamental Right to
Constitutional Right (300A)
 Take Away Land

Give
Compensation What are the
Provisions for the
Compensation ?
 What are the Provisions for
Compensation ?

Article
Article 31 A
30

Property of Minorities Property within Statutory

Limit
 Limit Varies from State to State

• Bihar- 7.2 Hect.

• Karnataka- 8 Hect.
etc…….

State can take away your land even when you are not
breaching the limit under the
Article 31A, 31B, 31C
Article 31A, 31B, 31C (Exceptions to Fundamental
Rights)

Even if these articles violate Why

Article 14 and 19, one cannot Exceptions ??
go to Supreme Court

• Zamindari Abolition
Act To ensure Social Justice
and Economic Equality
• Land Ceiling Act
Article 31A Certain Provisions

<- ESTATES
(*Correction) Cannot go
to SC if
Article 14
and 19 are
violated
under these
Provisions.
Article 31 B Laws enacted under 9th Schedule
are immune from Judicial Review

Inserted in Constitution by 1st Amendment Act,1951

• Against principle of Justice.

• Government can misuse it.
• Can insert unlimited laws to immune
them from Judicial review.
• Validity cannot be questioned
9th Schedule 13 Laws in the beginning
282 Now

IR Coelho v/s
State of Tamil
• Violating
Nadu
Fundamental
Rights
• Cannot go to SC
24th April,1973- Laws under 9th under Article 32
Schedule after this date wont be
Immune
 • Introduction- 25th AA,1971
Article
31(C) • Any law by Parliament and State
Legislature in order to enforce 39
(b) and 39(c) violating Article 14
and 19 will not be void.
• Article 39 (b)- Equal
distribution of resources
Article 31 with sub heading “Right to
• Article 39(c) – No Property” has been omitted by the
concentration of wealth Constitution 44th Amendment Act, 1978.

Article 31(1) has been shifted to article

300A as a replacement