Sec- C

Cultural and Educational Rights (A.29-30)

Article 29- 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.

Case Law: T.M.A Pai Foundation V. State of Karnataka

It was held that article 29 and 30 not only seeks to preserve the differences that exists but at the same time unite
people to form one strong nature.

Case Law: D.A.V Jalandhar College V State of Punjab

It was held promotion of majority language did not mean stifling down of minority language.

Case Law: State of Bombay V Bombay education society

Case Law: State of Madras v. Champakam Dorairajan

Difference between 15(1) & 29(2):

Article 15(1)
1. There is five clause in A.15(1)
2. A.15 (1) extend against the state.
3. A. 15 (1) protect citizens against
discrimination
4.A. 15 (1) is more general & wider
Article 29 (2)
1. In A. 29 (2) there is 4 clause in this.
2. A. 29 (2) extend against the state as well as
other educational institution.
3. A. 29 (2) Protects against particular specific
4. A. 29 (2) is comparatively narrow

Article 30- Right of minorities to establish and administer educational institutions

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

(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.

Explanation- The term minority is no where define in the constitution, but it literally means as the non-dominant
group. In the Re. of Kerala education bill the question arose the what is minority, whether it means 15% of the entire
population of India or 50% of entire population of state or there part of.

The Supreme Court held that as per the provision of A.30 the minority section will be determine on the basis of
population of the state.
 Case Law: T.M.A Pai Foundation V. State of Karnataka

Minority can be two kinds:

1. Linguistic Minority

2. Religious Minority

Various facets of right to establish or administrate the educational institutions:

1. Right to choose the principle or headmaster

2. Right to take disciplinary action
3. Right to decide governmental policies
4. Right to Select for admission
Case Law: Saint Stefan college V. University of Delhi
5. Right to impart religious instruction
6. Right to have a choose of medium of instruction
7. Statutory measures for maintaining educational standards
8. No right to collect capitation fees
Case Law: Unni Krishnan V. State of A.P
9. No right to recognition
Case Law: St. Xavier's College Society V. State of Gujrat
10. No right to exploit the teaching staff

Difference between A. 30 (1) & A. 26 (A):

Article 26 (A) Article 30 (1)

1. Article 26(A) is applicable both to minority 1. Article 30 (1) is only applicable to minority
and majority community. sections.

2. Article 26 (A) to religious denomination 2. Article 30 (1) refer to linguistic as well as

religious minority.
3. Article 26 (A) is subject to public order, 3. Article 30 (1) is subject to general law and
morality. causes made by the nation for its interest.

Article 32- Remedies for enforcement of rights conferred by this Part

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by
this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas
corpus, mandamus, prohibition, quo warrant and certiorari, whichever may be appropriate, for the enforcement of
any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law
empower any other court to exercise within the local limits of its jurisdiction ill or any of the powers exercisable by
the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Case Law: Daryao Singh V. State of U.P

The word ‘appropriate’ proceeding in clause 1 of A.32 means the proceeding which are appropriate in nature. The
appropriateness of the proceedings would depend on particular writ which the person claims.

Concept Under Article 32-

1. Rule of LOCUS STANDI [Standing status of person]

2. Judicial activism [Suo moto]

3. Public interest litigation [PIL]

PIL means the litigation at the instance of public-spirited person for the enforcement of their rights.

Case Law: S.P Gupta V. UOI

Case Law for Habeas Corpus:

Deepak Bajaj V. State of Maharashtra

Case Law for mandamus: 1. UOI V. Namit Sharma

2. Bandhua Mukti Morcha V. UOI

General Case Law: 1. Prople Union for Democratic rights V. UOI

2. Partap Singh V. State of Haryana
#Principle Of Res Judicata:

The concept of Res-judicata is applicable for write jurisdiction but only exception to it is writ of habeas corpus.

#Curative Petition

Curative petition is a petition which filed for reconsideration for finale decision or judgment passed by the supreme
court after exhausting the remedy of view petition under article 137.
Case Law: Rupa Ashok Hurra V. Ashok Hurra

#During Emergency

A.32 The right to move to supreme court under article 32 can be suspended U/A 359 which empower to suspend by
order the enforcement of fundamental rights. A.359 refer to a situation when proclamation of emergency is in
operation as per the provision of A.352.

#Writs:
Writs are a written order from the Supreme Court or High Court that commands constitutional remedies for Indian
Citizens against the violation of their fundamental rights. Article 32 in the Indian Constitution deals with
constitutional remedies that an Indian citizen can seek from the Supreme Court of India and High Court against the
violation of his/her fundamental rights. The same article gives the Supreme Court power to issue writs for the
enforcement of rights whereas the High Court has the same power under Article 226.

1. Habeas Corpus:
o Meaning: “Habeas Corpus” translates to “you shall have the body.” It is a writ that ensures an
individual’s right to personal liberty and protects against unlawful detention or imprisonment.
o Objective: To secure the release of a person who is unlawfully detained.
o Grounds for Invoking: When someone is held in custody without legal justification.
o Related Case Law: ADM Jabalpur v. Shivkant Shukla (1976) – A landmark case during the Emergency
period that upheld the government’s power to suspend habeas corpus.
2. Mandamus:
o Meaning: “Mandamus” means “we command.” It is a writ issued by a higher court to a lower court
or public authority, directing them to perform a specific duty.
o Objective: To enforce a legal right or duty.
o Grounds for Invoking: When a public official fails to perform their duty.
o Related Case Law: State of Bihar v. Kameshwar Singh (1952) – A significant case on the scope of
mandamus.
3. Certiorari:
o Meaning: “Certiorari” means “to be certified.” It is a writ that allows a higher court to review the
decision of a lower court or tribunal.
o Objective: To quash an order or decision.
o Grounds for Invoking: When there is an error of jurisdiction or violation of natural justice.
o Related Case Law: R. v. Electricity Commissioners (1924) – A landmark English case that clarified the
scope of certiorari.
4. Prohibition:
o Meaning: “Prohibition” prohibits a subordinate court from proceeding with a particular case when it
lacks jurisdiction.
o Objective: To prevent an inferior court from exceeding its authority.
o Grounds for Invoking: When a court acts beyond its jurisdiction.
o Related Case Law: R. v. London County Council (1931) – An important case on the application of
prohibition.
5. Quo Warranto:
o Meaning: “Quo Warranto” means “by what authority.” It challenges the legality of a person holding
a public office.
o Objective: To inquire into the authority or right of an officeholder.
o Grounds for Invoking: When someone unlawfully occupies a public office.
o Related Case Law: N. Ponnuswami v. Returning Officer (1952) – A significant case on quo warranto.

#Relationship b/w Fundamental rights and Fundamental duties:

Following are the 11 fundamental duties under article 51A of Indian constitution–
1. To uphold the Constitution and its goals and institutions, as well as the National Flag and Anthem;
2. Honour and uphold the noble ideals that motivated the nation’s fight for independence.
3. Maintain and protect India’s sovereignty, unity, and integrity.
4. Defend the country and provide national service when called upon.
5. To foster unity and a feeling of shared brotherhood among all Indians, regardless of religious, linguistic,
regional, or sectional differences; to reject behaviours that degrade women’s dignity;
6. Appreciate and protect the country’s diverse cultural heritage.
7. Have compassion for living creatures and protect and improve the natural environment, including forests,
lakes, rivers, and wildlife.
8. To cultivate a scientific temperament, humanism, and the spirit of inquiry and reform.
9. To protect public property and abstain from violence.
10. To strive for excellence in all spheres of individual and collective activity so that the country continues to
rise to new heights of endeavour and achievement.
11. To give chances for education to his kid or ward between the ages of 6 and 14, as the case may be, by
the parent or guardian.

The object or purpose of fundamental duties-

The fundamental duties were incorporate in constitution with an object to remind every citizen that apart from their
fundamental rights, every citizen must also be conscious about his fundamental duties. This is so because every right
has a co-relative duty.

→Concept of Fundamental duties:

1. It was added by 42nd amendment 1996 which incorporate to fundamental duty and later 86 th Act, 2002. 11th
fundamental duty was added. No duties were incorporated at the time of commencement of constitution out
however later on it was added.

2. It is borrowed from constitution of USSR.

3. It was added by 42th amended 1976.

4. Initial there was 10th duties and 11th duty added by 86th amended.

5. Fundamental duties is just like Directive Principles of State Policy are non-enforceable.

6. These duties were added primarily on the recommendations of swaran singh committee.

7. Fundamental duties is apply only citizen and doesn’t extend to foreign or non-citizen.

Features of Fundamental Duties:

1. They are non-justifiable in nature.

2. They contain both moral and civil duty.

3. No legal action can be taken in case of violation of fundamental duties.

4. Fundamental duties is closely related to Hindu mythology like respecting the country and promoting the spirit of
brotherhood

→Relevance & Significance of fundamental duties:

1. It serves as a reminder to the citizen that while they are enjoying their fundamental duties, they should also be
aware about their fundamental duties towards citizen society and country.

2. Fundamental duties served as warning to anti-national and anti-social activity. Example- Burning of national flag,
destroying any public property etc.

3. Fundamental duties acts as source of inspiration for the citizen and promote sense of discipline as well as
commitment among them.

4. Fundamental duties help in raising national goals by active participation of the citizen rather than acting as mere
spectators.

5. Fundamental duties help in judiciary in examining and determining the constitution validity of any law.

6. Fundamental duties are ideal in nature and lead the citizen in right direction.

7. Fundamental duties moral obligation of all citizen to help in promotion of spirit of patriotism and uphold the unity
of india.

8. Fundamental duties makes the citizens conscious about their social responsibility and consider the inalienable
rights of fellow citizens.

→Swaran Singh Committee on fundamental duties

It was of the view that in addition to the enjoyment of fundamental rights, citizen must also perform certain duty.
This recommendation was made also perform certain duty. This recommendation was made by a committee whose
head was Mr. Swaran Singh. In regard to this, In 1976 a committee was formed to make recommendation to
incorporating fundamental duties which become the need of our after emergency the committee suggested there
should be separate power prescribing the fundamental duties although Swaran Singh committee suggested only 8
fundamental duties but 42nd amendment 1976 brought 10 fundamental duties. Few recommendations of Swaran
Singh committee were accepted and few were denied.

Following are the recommendation which were denied by the government:

1. The parliament may provide for the imposition of punishment or penalty for non-compliance of fundamental
duties.

2. Such punishment won’t be question in the court of law.

3. Duty to pay taxes by the citizen.

Verna committee on fundamental duties

Justice verna committee was constituted in 1998 to plan a methodology for operationalizing the fundamental duties
for the purpose of teaching in educational institution and making it enforceable. The committee provided various
legal framework for the enforcement of fundamental duties.

Case Laws:

1. The Prevention of insult to national honour Act, 1991- [A. 51A (a)]
2. The protection of civil right Act, 1955 (Abolishment Untouchability)
3. Indian Penal Code [A.51A (e)]
4. The unlawful activity prevention Act, 1955 [A. 51A (h) & (j)]
5. Representation of people Act, 1951 [A. 51A (e) & (h)]
6. Wildlife protection Act, 1972 [A. 51A (g)]
7. Environment protection Act, 1986 [A. 51A (g)]
8. Forest conservation Act, 1980 [A. 51A (g)]
9. Right to education Act [A. 51A (a)]

Criticism on fundamental duties:

1. It is unenforceable

2. One of the most important that is duty to pay taxes and duty to family planning are not covered in it.

3. The provision under article 51A is ambiguous in nature.

4. The provision under article 51A are rendered in nature.

5. The list of duties are non-exhaustive.

6. Some fundamental duties are difficult to comprehend by an average person.

7. There is no segregation in social and economic duty.

8. There are dis-proportionate limitation.

Case Law on Fundamental Duties:

Bijoe manuel V. State of kerala

In this case the supreme court held that proper respect was shown by the students to national anthem by standing
up in silent while national anthem was being sung. Not joining in signing in the national anthem the court held it did
not amount to disrespect to the national anthem.

Shamnarayan Chouksy V. UOI

The court directed everybody to stand while the national anthem is played in the theatre, however it is not
necessary to sing national anthem.

M.C Mehta V UOI

In this case the supreme court having regard to grave consequence of water and air pollution, it directs the need to
preserve or to protect national environment.

Vellore citizens welfare forum V. UOI

The court recognised precautionary principle which mandated that any type of serious damage to the environment
should not be caused the precautions must to court hand.

Indirect tax practitioners’ association V. R.K Jain

In this case the respondent published an editorial highlighting irregularity in the appointment and the transfer of
member. The court held that keeping in mind constitutional framework under article 51A (h) it become the duty of
every citizen to develop scientific temper, humanism and spirit of enquiry and reform.

AIIMS student association V. AIIMS

The court observed that fundamental duties thou not enforceable by any writ, yet it provide a valuable guide & aid
to the interpretation of judiciary about the legal issues.

Difference B/w Fundamental rights and Fundamental duties

 Fundamental Rights
1. Given in Part- 3
2. From Article 12 to 35
3. They are in detail manner
4. Borrowed from USA
5. Basic human rights of citizen
6. Rights cannot be taken away
7. They are enforceable in the court of law
8. They can be suspended during emergency
9. They are not absolute in nature
10. Available to person
11. Fundamental rights are amendable on a
condition that is should not destroy the basic
structure
12. They are politically and socially in
characteristic
13. They are available against individual as well
as state
#Similarity between Fundamental rights and fundamental duties-
Fundamental Duties
1. Given in Part 4
2. Article 51A
3. In comprehensive manner
4. Borrowed from USSR
5. They are moral obligation of citizens
6. It can be taken away
7. They are not enforceable in the court of law
8. No such provision of emergency there
9. They are absolute in nature
10. Available to citizen
11. Fundamental duties are absolutely
amendable without any condition
12. They are moral, political & socially in
character
13. They are as such not available against
anyone because they are unenforceable in
nature
 Basis of Fundamental Rights Fundamental Duties
Similarity
1. Dignity of Article 15(3) Article 51A (e)
women
Article 21
2. Religious, 1. Article 25(1): Article 51A (e):
linguistic, and 2. Article 28(1):
regional 3. Article 29(1):
3. Respect to 19 (1)(a)) Article 51A(a):
national flag

4. The 1. Article 19(1)(a): Article 51A(c):

sovereignty 2. Article 19(2):
unity and 3. Article 19(1)(c)-
integrity of India 4. Article 19(4):

5. Protection of Article 21: Article 51A (g):

natural
environment
6. Excellence in Article 16: Article 51A (j):
all spheres of Article 21:
individual

Article 51A (k):

7. Rights for Article 21:
education Article 21A

Table with explanation.

Basis of Fundamental Rights Fundamental Duties
Similarity
1. Dignity of Article 15(3) - “Nothing in this article shall 1. Article 51A (e):
women prevent the State from making any special o Duty to Promote Harmony
provision for women and children.” and Brotherhood:

Article 21: Every citizen of India has the duty to

 Right to Life and Personal Liberty:
“No person shall be deprived of his life or
personal liberty except according to
procedure established by law.”
promote harmony and the spirit of common
brotherhood among all people, transcending
religious, linguistic, and regional diversities.
Additionally, citizens must renounce practices
derogatory to the dignity of women.

This provision emphasizes fostering unity and

2. Religious, Article 25(1):
linguistic, and
regional o Freedom of Conscience and
Religion:
“Subject to public order, morality, and health, all
persons are equally entitled to freedom of
conscience and the right freely to profess,
practice, and propagate religion.”
This article guarantees the fundamental right to
freedom of religion. It encompasses various
aspects related to religious practices and beliefs.
The freedom of religion under this article is
subject to reasonable restrictions imposed in the
interest of public order, morality, and health.
respect for all, while also advocating for gender
equality and dignity.
1. Article 51A (e):
o Duty to Promote Harmony
and Brotherhood:
Every citizen of India has the duty to
promote harmony and the spirit of common
brotherhood among all people, transcending
religious, linguistic, and regional diversities.
Additionally, citizens must renounce practices
derogatory to the dignity of women.
This provision emphasizes fostering unity and
respect for all, while also advocating for gender
equality and dignity.

While individuals have the right to practice their

religion, it should not disrupt social harmony or
infringe upon the well-being of others.

Article 25 distinguishes between religious

practices and secular activities associated with
religious institutions. The state can regulate or
restrict secular activities related to religious
practices.

Article 28(1):

Freedom as to Attendance at Religious

Instruction in Educational Institutions:

“No religious instruction shall be provided in any

educational institution wholly maintained out of
State funds.”

This provision ensures that public educational

institutions funded by the government remain
secular and do not impart religious teachings.

However, educational institutions not wholly

 maintained by state funds can provide religious
instruction if required by their endowment or
trust.

Students attending state-aided institutions

cannot be compelled to participate in religious
instruction or worship without their consent.

Article 29(1):

Protection of Interests of Minorities:

“Any section of citizens residing in India having a

distinct language, script, or culture of its own
shall have the right to conserve the same.”

This article safeguards the cultural and

educational rights of minorities.

It allows minority communities to establish and

administer educational institutions of their
choice.

No citizen can be denied admission into state-

maintained or state-aided educational
institutions solely based on religion, race, caste,
or language.

The purpose is to preserve and develop the

unique identity and heritage of minority
communities.
3. Respect to Freedom of Speech and Expression (Article 19(1) Article 51A(a):
national flag (a)):

Fundamental Duty to Abide by the

The Supreme Court of India has held that
participation in sports and hoisting the national
flag are forms of freedom of speech.
Constitution and Respect Ideals:
“It shall be the duty of every citizen of India
to abide by the Constitution and respect its
ideals and institutions, the National Flag,
and the National Anthem.”

4. The sovereignty Article 19(1)(a): Article 51A(c):

unity and integrity Freedom of Speech and Expression:
of India
Duty to Uphold and Protect Sovereignty,
 “All citizens shall have the right to freedom Unity, and Integrity of India
of speech and expression.”
 This fundamental right allows citizens to
express their thoughts, opinions, and ideas
freely through various means such as
speech, writing, printing, visual
representations, or any other form.
 The right to speech also includes the right
not to speak.
 Freedom of the press is an inferred freedom
under this Article.
 It encompasses commercial and artistic
speech and expression.
 Courts have ruled that freedom of speech is
inseparable from the right to life (Article 21)
and is essential for a functional democracy.
5. Article 19(2):
o Reasonable Restrictions:
 “Nothing in sub-clause (a) of clause (1) shall
affect the operation of any existing law, or
 prevent the State from making any law, in
so far as such law imposes reasonable
restrictions on the exercise of the right
conferred by the said sub-clause.”
 These restrictions can be imposed in the
interests of:
 Sovereignty and integrity of India
 Security of the State
 Friendly relations with foreign States
 Public order
 Decency or morality
 Contempt of court
 Defamation
 Incitement to an offense.
6. Article 19(1)(c)-
o Freedom of Association:
 “All citizens shall have the right to form
associations or unions or co-operative
societies.”
 This right allows citizens to come together,
form groups, and collectively pursue
common goals.
 It includes political parties, clubs, societies,
companies, trade unions, and other
organizations.
 Reasonable restrictions can be imposed in
the interests of sovereignty, integrity, public
order, or morality.
7. Article 19(4):

Reasonable Restrictions on Freedom of Speech

and Expression:

 “Nothing in sub-clause © of the said clause

shall affect the operation of any existing law
in so far as it imposes, or prevent the State
from making any law imposing, in the
interests of the sovereignty and integrity of
India or public order or morality, reasonable
restrictions on the exercise of the right
conferred by the said sub-clause.”
 This provision allows for restrictions on
freedom of speech and expression when
necessary for the well-being of the nation.

5. Protection of Article 21: Article 51A (g):

natural
environment Protection of Life and Personal Liberty:
o “No person shall be deprived of his life or
personal liberty except according to
procedure established by law.”
o The right to life encompasses aspects like
living with dignity, livelihood, and a healthy
environment.
Duty to Protect and Improve the Natural
Environment:
o “It shall be the duty of every citizen of India
to protect and improve the natural
environment including forests, lakes, rivers,
and wildlife, and to have compassion for
living creatures.”
o This fundamental duty emphasizes
environmental conservation and empathy
towards all living beings.

6. Excellence in all Article 16: 1. Article 51A (j):

spheres of
individual Equality of Opportunity in Public Employment: Duty to Strive Towards Excellence:

o “There shall be equality of opportunity for  “Every citizen shall strive towards excellence
all citizens in matters relating to in all spheres of individual and collective
employment or appointment to any office activity so that the nation constantly rises to
 under the State.” higher levels of endeavor and achievement.”
o No citizen shall be ineligible or  This duty encourages continuous
discriminated against based on religion, improvement and progress at both
race, caste, sex, descent, place of birth, or individual and national levels.
residence.
o The State can make provisions for
reservation in employment for backward
classes not adequately represented in
services

Article 21:

Protection of Life and Personal Liberty:

Article 51A (k):
7. Rights for Article 21:
education Duty of Parents/Guardians Regarding Education:
Protection of Life and Personal Liberty:
o “Who is a parent or guardian shall provide
 Right to Education: opportunities for education to his child or,
o Although the explicit right to as the case may be, ward between the age
of six and fourteen years.”
education is not mentioned in Article
o Ensuring education for children is a crucial
21, it is implied.
duty for parents and guardians
o The right to life includes the right
to meaningful existence, which
encompasses education.

Article 21A:

Right to Education:

o “The State shall provide free and

compulsory education to all children of the
age of six to fourteen years in such manner
as the State may, by law, determine.”
o Article 21A guarantees the right to
education as a fundamental right for
children between the ages of 6 and 14
years.
o It was introduced by the 86th Amendment
Act of 2002 with the aim of providing free
and compulsory education to all children in
the specified age group.
o The amendment makes it the duty of the
State to ensure that every child within the
specified age group receives compulsory
education.
o It prohibits discrimination and ensures
equal opportunities for education.
o Article 21A guarantees that education
provided by the State to children in the
specified age group should be free of
charge.
o It aims to remove financial barriers that
could hinder access to education.
o The responsibility for implementing the
provisions of Article 21A lies with the
respective state governments. They are
tasked with ensuring that adequate
infrastructure, facilities, and qualified
teachers are available to provide quality
education to all children.
o To give effect to the provisions of Article
21A, the Right to Education (RTE) Act was
enacted in 2009. The RTE Act further
elaborates on the specifics of free and
compulsory education, including the
responsibilities of the government,
admission processes, curriculum, standards
for schools, and mechanisms for monitoring
and enforcing the right to education