Dr.

Priyanka Mohod
 Synopsis
• Article 29
• Article 30
• Difference Between Article 29(2) and Article
15(1)
• Cases
 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
 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
• (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
 Definition of Minority
• Re-Kerala Education Bill- Supreme Court through J.
S.R Das held that “minority” means a community
which is numerically less than 50% of the total
population.
• A.M Patroni V. Kesavan- “any religious or linguistic
community which is less than 50% of the total
population shall be considered as a “minority”.
• According to the Encyclopaedia Britannica
“minorities” means groups held together by ties of
common descent, language or religious faith and
feeling different in this respect from the majority of
• Section 2(c) National Commission for
Minorities Act, 1992, -recognizes 5 religions
as minority communities namely Muslims,
Sikhs, Christians, Buddhists, and
Zoroastrians( Parsis)
 Relation
Art. 29 (1) conserve the same Art. 30(1) establish and
administer educational
institutions
Art. 29 (2) No citizen shall be denied admission Art. 30(2)
shall not discriminate
S.P. Mittal V. Union of India- The Society was preach
and propagate the ideas and teaching of Sri
Aurobindo under the Auroville Act, 1980 was not
violative of the rights of any section of citizens to
conserve it’s own language, script or culture
conferred by Art. 29.
Difference Between Art. 29(2) and Art. 15
(1)
• 1. Art. 15(1) protects all citizens against the
State while Art. 29 (2) extends against the State
or anybody else.
• 2.Art. 15(1) protects all citizens against
discrimination generally while Art. 29 (2) is a
protection against a particular species.
• 3. Art. 15 (1) is quite general and wide in terms
and applies while Art. 29(2) is narrower-
admission into educational institution.
• 4. Art. 15(1) prohibits discrimination on the grounds of sex
or place of birth while Art. 29(2) does not mention these
grounds.
• 5. Art. 15 (1) is applies to those cases where Art. 29(2) is
not applicable.
• State of Madras V. Champakam Dorairajan- An order of
Madras Government had fixed the proportion of students
of each community that could be admitted into the State
Medical and Engineering College. The order was
challenged on the ground that it denied admission to a
person only on the ground of religion or caste. The Court
held that the order violative of Art. 29.
• State of Bombay V. Bombay Educational Society- The
court struck down an order of the Bombay
Government banning admission of those whose
language was not English, into school having English as
a medium of instruction because it denied admission
solely on the ground of language. The court said would
not be valid even if the object for making it was the
promotion or advancement of national language.
• Exceptions- The protection of Art. 29 does not apply
where the student expelled from an institution on
grounds of indiscipline or he refused admission on the
grounds of he is not possessing requisite qualification.
ss
 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
• (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
• 30(1) Right of minorities to establish and administer
educational institutions-
• Religious Minorities
• Linguistic Minorities
• Establish- Right to bring into existence
• Administer- Right to effectively manage and conduct the
affairs
 Qualifications of teachers to be appointed in the institution;
 Conditions of service e.g the age of superannuation of
teachers;
 Qualifications for entry of students;
 Courses of study (subject to special subjects which the
institution may seek to teach)
 Hygiene and physical training of students.
• D.A.V. College V. State of Punjab- The court held
that right of the minority to establish and
administer educational institution of their choice
includes the right to have a choice of medium of
instructions also and the University Circular was
directly infringing upon the rights of minorities to
have instructions in Hindi as their own language
and therefore violative of Arts. 29 and 30(1) of
the Constitution.
• Art. 30(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-
Difference Between Arts. 29(1) and 30(1)

• 1. Article 29(1) protects the rights of members of

communities who have distinct language, culture, and script
while Article 30(1) protects minority rights with regard to
establishing and managing educational institutions.
• 2. Art. 29(1) is concerned with three subjects while Art.
30(1) deals with minorities based on language and religion.
• 3. Art. 29(1) does not deal with education while Art. 30(1)
deals only with educational institution.
• 4. Article 29 is applicable to citizens only but Art. 30 is
applicable
 To Regulate Minority Run Educational
Institutions
• Re Kerala Education Bill- The court said that,
the fundamental rights given to all minorities
under Art. 30(1) to establish and administer
educational institutions of their choice- State
may prescribe reasonable regulations to
ensure the excellence of the institution- Right
to administer can not include the right to
mal- administer.
• St. Xavier College V. State of Gujarat- It was
observed that the governing body of the
college is a part of its administration. The
right to administer is the right to conduct and
manage the affairs of the institution. This
right is subject to permissible regulatory
measures only.
 Art. 30 and Extent of Govt. Control

• T.M.A. Pai Foundation V. State of Karnataka- (2002)

 State government and universities can not regulate the admission polices
 Minority educational institutions admit students of their choice, but
subject to rational procedure of selection and compliance of conditions of
any.
 In seeking recognition minority educational institutions will have to
comply with conditions laid down by the University.
 Minority educational institutions does not lose it’s minority character
simply because it received aid from the government.
 Admission can be done through a common entrance test
 Art. 19(1)(g) all citizens have right to established and administered
educational institutions, but their rights are subject to Constitutional
provision.
 State can determine the status of a religious or linguistic minority and religious
and linguistic minorities, who have been put on a part in Article 30, have to be
considered State-wise.
• P.A. Inamdar V. State of Maharashtra-(2005)
 Reservation- In unaided private professional
institutions both minority and majority scheme for
unreasonable reservation of seats is violative of Articles
30 and 19(1)(g).
 Admission Procedure- The court held that there is
nothing wrong in having centralized entrance test
being held for one group of institutions imparting same
or similar education.
 Fee Structure- Subject to the limitations that there can
be no profiteering and no capitation fee directly or
indirectly or in any form is charged.
 Fee Structure- Judicial Review
• State of Tamil Nadu V. Melapalayam Muslim
Megalir Kalvi Sangam -it was held that
minorities could not be asked to maintain
their educational institutions without State
aid. The educational institutions are not
business houses. They do not generate wealth
and therefore they could not survive without
public funds or private aid.
• Christian Medical College Vellore V. Union of
India - the Apex court ruled that
the NEET [National Eligibility-cum-Entrance-Test]
will apply to private unaided minority
professional institutes for admission into MBBS,
MD, BDS and MDS courses, also Supreme court
re-stated the principles governing minority
educational institutions under Article 30 of the
constitution of India and said there is no violation
of fundamental rights.
• Naresh Agarwal V. Bharat- The court held that
A.M.U. was not a minority institution. The
court held that A.M.U. was established by an
Act of Parliament not by any Muslims.
• Bal Patil V. Union of India- (2005) The Court
held that identification of a community as a
minority has to be done on State basis and not
on all India basis.
• Article 350b: Special Officer for linguistic minorities
• There shall be a Special Officer for linguistic minorities to
be appointed by the President
• It shall be the duty of the Special Officer to investigate all
matters relating to the safeguards provided for linguistic
minorities under this Constitution and report to the
President upon those matters at such intervals as the
president may direct, and the President may direct, and
the President shall cause all such reports to be laid before
each House of Parliament, and sent to the Governments
of the States concerned
• The Parliament was empowered under
Article 246 of the Constitution read with Entry
20, “economic and social planning”, of the
Concurrent List to enact laws to promote and
protect the interests of minorities.
• In 2014, Jains were also notified as a minority
community.