Right of minorities to establish and administer educational institutions
Article 30 — Right of minorities to establish and administer educational institutions
- 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.
Plain English Summary
This article guarantees that minority groups, whether based on religion or language, have the right to set up and run their own schools and educational bodies. The government cannot discriminate against these minority institutions when providing financial aid.
Key Points
- All minorities (religious or linguistic) have the right to create and manage their own educational institutions.
- The State must ensure that laws regarding the acquisition of property for such institutions do not take away this right.
- The government cannot deny aid to an educational institution just because it is managed by a minority group.
Why It Matters
This article ensures that minority communities can preserve their cultural and linguistic identity through education, giving them control over how their children are educated.
Landmark Judgements
| Case | Year | Significance |
|---|---|---|
| T.M.A. Pai Foundation vs. State of Karnataka | 2002 | Addressed the scope and limits of minority rights in educational institutions. |
| State of Kerala vs. K.C. Thomas | N/A | Related to the administrative framework surrounding minority educational bodies. |