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

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

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

Article 30 was debated in the Constituent Assembly on 8 December 1948. It allows minorities to establish and administer their own educational institutions.

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(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 of Article 30: Right of minorities to establish and administer educational institutions - Constitution of India

Article 30 of the Constitution of India guarantees certain rights to religious and linguistic minorities in India with regards to establishing and administering educational institutions of their choice. This article has two clauses:

Clause 1

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

This clause gives all minority groups the fundamental right to establish and run educational institutions of their choice. The purpose is to allow minorities to preserve and develop their own cultural identities, especially with regards to religion and language.

Clause 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.

This clause puts restrictions on the state's power of compulsory land acquisition when it comes to educational institutions run by minorities. It says that the compensation provided should be adequate and should not restrict the minority's right to administer their educational institutions.

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.

This clause prohibits discrimination by the state in providing aid or grants to educational institutions based on whether they are administered by a religious or linguistic minority. The state cannot deny aid to minority-run educational institutions.

Article 30 aims to protect the unique cultural identity of religious and linguistic minorities in India by guaranteeing their fundamental right to establish and administer educational institutions of their choice, without discrimination from the state.

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